SC declines to stifle probe against Abhishek Banerjee in Bengal SSC scam

Appearing for the ED, Additional Solicitor General S V Raju submitted that they have found Rs 350 crores so far in the alleged primary school teacher recruitment scam.

In a setback to TMC MP Abhishek Banerjee, the Supreme Court on Monday declined to set aside a Calcutta High Court order allowing the CBI and Enforcement Directorate to question him in connection with their probe into the West Bengal teachers' recruitment scam.

A bench of Chief Justice of India D Y Chandrachud and Justice P S Narasimha, however, clarified that Banerjee, nephew of West Bengal Chief Minister Mamata Banerjee, can have liberty to pursue his legal remedies, including quashing the probe.

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"At this stage, we are not inclined to interfere with the order as the consequence of doing so would be to stifle the investigation at the incipient stage. Having said this, we leave it open to the petitioner to pursue all remedies which are available in law,” the bench said in its order.

Appearing for the Enforcement Directorate, Additional Solicitor General S V Raju submitted that they have found Rs 350 crores so far in the primary school teacher recruitment scam and when Abhishek is summoned, he must co-operate and obey and this is a scam where a large number of genuine teachers were deprived of the job.

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He said that even if it is assumed that the judge, who passed the order, was biased then also how the ED can be stopped from investigating.

The bench also agreed that it may not be correct to stultify the investigation at this stage as the court cannot tell the ED or any investigating agency to probe only some particular facets of the case.

Representing Banerjee, senior advocate A M Singhvi questioned the validity of the High Court's May 18 order. He said the ED has called him six times even at the time when he was campaigning in remote areas in Darjeeling. His client’s wife and children were stopped from boarding a plane at the airport, he contended.

The bench, however, said it can't go into legality of summons issued against him.

"You are saying ED has gone beyond what the high court had ruled but does that preclude the ED from looking into other facets," the bench asked the counsel, saying the agency has independent power to investigate.

The court also noted the single judge had already applied her mind into the matter, and it would not be appropriate to interfere into the order.

In May this year, the Supreme Court had issued notice to the ED on Banerjee’s plea against a Calcutta High Court's order refusing to stop the CBI and the ED from questioning him in connection with their probe into the West Bengal teacher recruitment scam.

The court, however, had stayed the part of the high court order, which imposed Rs 25 lakh costs on Banerjee.

The Calcutta High Court’s single- judge bench of Justice Amrita Sinha on May 18 concurred with a previous order by a bench of Justice Abhijit Gangopadhyay, allowing the central agencies to question Banerjee in connection with the case.

Justice Sinha also imposed Rs 25 lakh cost on Banerjee.

Justice Sinha was assigned the case after the Supreme Court asked the HC's chief justice to reassign the case to a separate bench as Banerjee objected to TV interview of Gangopadhyay in the matter.

One accused Kuntal Ghosh arrested in the primary teachers recruitment scam had made a complaint with the local police against the ED and the CBI officers.

The High Court's previous bench, however, had noted a statement by Banerjee if central agencies pressurised any of the arrested accused to name him, a complaint should be lodged with the state police.