New Delhi: In a major relief to TMC leader Abhishek Banerjee, the Supreme Court on Monday stayed the Calcutta High Court's April 13 order directing the CBI and the Enforcement Directorate to interrogate him and Kuntal Ghosh, an accused in the school jobs-for-graft case, and file a report based on that. However, soon afterwards, TMC MP Abhishek Banerjee accused central agencies of trying to "harass" him by summoning him for questioning despite the stay order from the Supreme Court.
Taking the plea of the TMC leader for an urgent hearing, a bench headed by Chief Justice D Y Chandrachud said, "List the petition on April 24, 2023. Till the next date of listing, there shall be a stay of all the directions against the petitioner (Banerjee) in pursuance to the directions contained in the impugned order of the single judge bench of the high court on April 13."
The high court had taken note of the public speech of Abhishek Banerjee, a nephew of Chief Minister Mamata Banerjee, in which he had purportedly said that Ghosh, an accused in the case, was being pressured by the central probe agencies to name him in the case.
Senior advocate A M Singhvi, appearing for Banerjee, referred to an interview given by the high court judge to a news channel and alleged that some statements he made were against Banerjee.
Singhvi also referred to the high court order which said no police station in the state shall lodge any FIR against the CBI and ED officers probing the recruitment scam.
The apex court bench, also comprising Justices P S Narasimha and J B Pardiwala, took note of the submissions of Singhvi and stayed the operation of the HC order till April 24.
It took note of Singhvi's contention that the direction of the high court was 'wholly extraneous to the relief which were sought in the petition' and, moreover, Banerjee was not even made a party there.
The Calcutta High Court had on April 13 passed a slew of directions asking the police not to lodge FIRs on complaints against officers of the CBI or the ED who are investigating the alleged recruitment scam related to the West Bengal Central School Service Commission and the West Bengal Board of Primary Education without its permission.
It had asked the central agencies to probe the role of Banerjee saying such an "interrogation should be made soon".
The high court was hearing a petition related to alleged irregularities in the recruitment of teaching and non-teaching staff in West Bengal government-sponsored and aided schools.
The high court had said that Ghosh could also be questioned soon by the central agencies along with Banerjee, the TMC national general secretary.
Abhishek Banerjee had addressed a public meeting in Kolkata on March 29 where he reportedly made the claim about Ghosh being under pressure to name him.
Kuntal Ghosh, an accused in the school jobs scam case and in custody currently, had also soon after, on March 31, alleged that he was being pressured by investigators to allege the complicity of Banerjee, TMC's unofficial number two.
"It is a matter to be enquired and investigated whether Kuntal Ghosh took the cue from the public speech of said Abhishek Banerjee for which both of them can be interrogated both by ED and by CBI and such interrogation should be made soon," the HC judge had said.
Abhishek, nephew of West Bengal Chief Minister Mamata Banerjee, tweeted images of the letter summoning him, dated April 16, 2023, by the CBI, where a handwritten line shows it was received at 1.45 pm on Monday.
"In its desperation to 'harass' and 'target' me, BJP exposes CBI & ED to contempt of court! SC stayed the Calcutta HC's order in the morning that granted permission to the Central Agencies to summon me. Yet, the summons was hand-delivered today at 1:45 pm. Grave state of affairs!" TMC national general secretary Abhishek Banerjee said on Twitter.
When contacted, CBI officials declined to comment on the issue.
Meanwhile, Trinamool Congress MLA Jiban Krishna Saha was arrested on Monday by the CBI from his residence in West Bengal's Murshidabad district in connection with its investigation into the school jobs-for-bribes scam, officials said.
