The Supreme Court of India yesterday directed the Chief Justice of Calcutta to reassign the West Bengal teacher’s recruitment case to another judge. The Apex Court reacted after it received a report from the Registrar General of the Calcutta High Court over Justice Gangopadhyay’s interview with a TV news channel.
Soon after that, Justice Gangopadhyay directed the Supreme Court secretary general to produce the transcript of his interview, in addition to seeking the affidavit submitted by the Registrar General of the Calcutta High Court before the Supreme Court along with the official translation of his media interview in question by midnight yesterday.
There was an urgent hearing in the SC at 8 p.m., when the Apex Court termed the Cal HC judge’s action demanding the transcript of his interview given to the TV Channel from the Secretary General as improper and against judicial discipline and stayed it. An unfazed Justice Abhijit Gangopadhyay refuted rumours of his resignation and placed faith in the Supreme Court and the judiciary.
Now comes the conduct of the judge giving an interview that led to his crusade against corruption. Justice Abhijit Gangopadhyay stood tall, daring to take the menace of corruption in the government by the horns. But for his ceaseless pursuit and deadlines to the investigative agencies, the enormity of the recruitment scam would have never come to light. Three leaders and several other accomplices have been arrested, and several hundred crores of cash, jewellery, and benami assets have been seized.
Certainly, a scam of such magnitude could not have taken place without the knowledge or approval of the party’s higher-ups. Justice Gangopadhyay had a fair knowledge of where the head of the hydra was located and was aiming for it. Bengalis were aghast at newer names and newer seizures, which spread to many districts. Uncharacteristic of judges, in an interview with a TV channel, Justice Gangopadhyay revealed his mind, opining on a case that was midway through hearing in his court. He had grossly erred.
Judges are guided by a code of ethics, notwithstanding the fact that they enjoy as much freedom of expression under Art. There is no doubt that the judge was of impeccable integrity and may have concluded that he had a noble task of revealing and bringing an end to the corruption and scams in the state. Until sentenced, he must exercise impartiality for all the parties in a suit, and he must be seen to ensure equality of treatment. Many judges are forced to acquit the accused for want of evidence, knowing well that the reality could be quite different.
Sadly, the conduct of the judge had come under severe attack by the ruling party spokespersons and a section of the media. He was, however, a beacon of hope to set right wrongs, which had turned Bengal into another insensitive state to corruption and scams. The judge had no scope to respond, and he thought to set the records straight by giving the interview, offending the Apex Court.
I recall the Apex Court judges calling a press conference and revolting against the Chief Justice of India in early 2018. In contrast, Justice Gangopadhyay held that the Supreme Court is the ultimate authority and that he would abide by the Apex Court’s decision, not before expressing his disappointment at the reassignment of the recruitment cases from his court, which he had relentlessly and single-handedly pursued for so long.
My feeling is that the Apex Court could have been softer and less robotic towards Justice Gangopadhyay.
Sampath Kumar
Intrépide Voix
