Manas Dasgupta
NEW DELHI, Apr 29: In a huge relief to the Mamata Banerjee-led government in West Bengal, the Supreme Court on Monday stayed the Calcutta High Court’s order that instructed the Central Bureau of Investigation (CBI) to investigate the involvement of the state government officials in the alleged teacher recruitment scam.
The top court was hearing a petition by the state government against a high court order invalidating the appointment of 25,753 teachers and non-teaching staff made by the School Service Commission (SSC) in state-run and state-aided schools in 2016.
“We will stay the direction which says the CBI (Central Bureau of Investigation) will undertake further investigation against officials in the state government,” said a bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. The bench said it would further hear the matter on May 6.
Challenging the order, the state government, in its appeal filed before the top court, said the high court cancelled the appointments “arbitrarily.” “The high court failed to appreciate the ramification of cancelling the entire selection process, leading to straightaway termination of teaching and non-teaching staff from service with immediate effect, without giving sufficient time to the petitioner state to deal with such an exigency, rendering the education system at a standstill,” read the petition by the Bengal government.
The Calcutta High Court had said the CBI would undertake further investigations with regard to the persons involved in the state government approving the creation of supernumerary post to accommodate illegal appointments. The high court further added that, if needed, the CBI will undertake custodial interrogation of such persons involved.
In the other case of the CBI inquiry into the Sandeshkhali alleged sexual assault and land grab case, the apex court wondered why the West Bengal government has come in as a petitioner before it for “protecting the interest” of some private individuals. The suspended Trinamool Congress activist Sheikh Shahjahan has been named the main accused in the case,
The Supreme Court’s observation came when it was hearing the state government’s plea challenging the Calcutta High Court’s April 10 order which directed a CBI investigation into allegations of crimes against women and land grabbing in Sandeshkhali. “Why should the state come in as a petitioner for protecting the interest of some private individuals?” a bench of Justices B R Gavai and Sandeep Mehta asked.
“Why should the State come here in this case?” Justice B.R. Gavai asked the West Bengal government, represented by senior advocates A.M. Singhvi and Jaideep Gupta said there were remarks made by the Calcutta High Court against the State. “So you go and get that expunged in the High Court… why come here?” Justice Sandeep Mehta asked.
The counsel appearing for the state said it was aggrieved by some comments made in the high court order. “There are comments about the state government and that is unfair because the state government has taken full action,” the counsel said.
Senior advocate Abhishek Singhvi said at the outset that the matter may be taken up after a couple of week because they have some very important information which they want to file. The bench posted the matter for hearing in July.
In its plea before the Supreme Court, the state government has said the high court’s order demoralised the entire state machinery, including the police force. “The high court in a very generic order directed the State to provide the required support to the CBI without any guidelines, which amounts to usurping the powers of the state police to investigate any cognisable offence in the Sandeshkhali area, even if the same is not related to the allegations levelled by the PIL petitioners,” the plea said.
The CBI is already investigating the case of attack on the Enforcement Directorate officials in Sandeshkhali and has registered three FIRs related to incidents on January 5. Noting that the investigation will be monitored by the court, the high court had directed the CBI to file a comprehensive report on the alleged illegal conversion of agricultural land into water bodies for pisciculture after conducting a thorough inspection of revenue records and physical inspection of land alleged to have been converted.
The high court had also directed the Central Bureau of Investigation (CBI) to investigate allegations of crimes against women and land grabbing in Sandeshkhali and submit a comprehensive report to it on the next date of hearing.