He directed the registrar general of the high court to send a copy of this order to the Chief Justice of India forthwith and to the Chief Justice of the Calcutta High Court. Holding that an order of a division bench quashing an FIR by the CBI as per his order in connection with the case was void as it was passed initially without a copy of his order and an application by the appellants, Justice Gangopadhyay directed that the FIR will remain untouched and CBI will start investigation in this matter immediately.
He directed that the matter will appear for hearing before his court two months hence.
A division bench of the Calcutta High Court, presided by Justice Soumen Sen, on Thursday, quashed an FIR filed by the CBI on the basis of the single bench order to the agency to probe allegations of irregularities in admissions of MBBS candidates in reserved category in state-run medical colleges and hospitals.
The division bench had, on an oral prayer by the state against the order, on Wednesday stayed within hours the single bench direction to the CBI.
The division bench said since the stay order was passed before the recess and the FIR was registered on the basis of an order of the single bench in the second half on Wednesday, such direction is void. Ordering the quashing of the FIR, the division bench directed the CBI to return by January 29 all documents handed over to it on Wednesday in the single bench court.
Following the order of the division bench, Justice Gangopadhyay observed that by passing an order without the impugned order and without the memorandum of appeal, “the division bench has given a very wrong signal.
He said that no rule has been shown to him that an appeal can be preferred and the order can be passed thereon in this high court without the impugned order and without the memorandum of appeal.Justice Gangopadhay in the order uploaded in the high court website on Thursday night, said “what Justice Sen has done today is to advance the cause” of a certain “political party” in the state . “I have no other option but to ignore the order of the said division bench as the order has been passed in continuation of the illegal appeal void ab initio. I have ignored the said illegal order passed by the said Division Bench for the reasons as has been stated above including the ground of ‘interested person Hon’ble Justice Soumen Sen’. I direct that the name of CBI shall be there in the array of parties as party added as respondent and the FIR shall also remain untouched and CBI shall start investigation in this matter immediately. The Registrar General is directed to send this part of the order to CBI immediately,” read the single bench order.
The division bench, presided by Justice Soumen Sen, directed the high court’s registrar general to file a report by February 5 for not communicating its stay order to the CBI and the circumstances under which the single bench order was communicated to the agency despite the stay.
Stating that it feels that the state ought to have been present before the single bench when it took up the matter in the second half on Wednesday and brought to its notice the stay order, the division bench said it appears that there has been a miscommunication for which the second order was passed by the single bench.
The division bench, also comprising Justice Uday Kumar, observed that the single bench’s reference to the attack on Enforcement Directorate (ED) officials at Sandeshkhali cannot have any relevance in this case for directing CBI to take over the investigation and register FIR..
Observing that the police of this state have not been able to arrest Shajahan Sheikh, accused in a mob attack on ED officials when they went to search his house at Sandeshkhali in North 24 Parganas district on January 5, Justice Abhijit Gangopadhyay said in his Wednesday’s order that he “cannot place any faith upon such police authority.
The division bench also noted that the state’s Advocate General Kishore Dutta had submitted before the single bench that both criminal and disciplinary proceedings have been initiated against the erring officials and it is still continuing.
The division bench observed that the extraordinary power of the high court to transfer investigation from state agencies to CBI must be exercised sparingly and cautiously and in exceptional circumstances only when it becomes necessary to provide credibility and instil confidence in the investigation. The division bench extended a stay on the order of CBI investigation by the single bench into the entire process of issuance of reserved category certificates and admission of candidates with such certificates in medical colleges in the last three years.
The division bench had on Wednesday stayed the order of the CBI investigation for two weeks. A division bench of the Calcutta High Court on Thursday quashed an FIR filed by the CBI on the basis of a single bench order to probe irregularities in admission of MBBS candidates in reserved category in state-run Medical College and Hospitals.
Meanwhile, Calcutta High Court Chief Justice T S Sivagnanam on Thursday prepared a new roster for the judges. According to the new roster, the division bench headed by Justice Soumen Sen will no longer be hearing some of the recruitment scam-related cases, it is learnt. A division bench headed by Justice Tapabrata Chakraborty will be hearing the cases. The division bench headed by Justice Sen will now hear the cases which were till now been heard by Justice Chakraborty.