Judges should not give TV interviews on cases pending before them: Supreme Court on interview by Justice Abhijit Gangopadhyay to ABP

The Supreme Court on Monday took strong exception to sitting Calcutta High Court judge Justice Abhijit Gangopadhyay giving interview to news channel ABP Ananda regarding Trinamool Congress (TMC) leader Abhishek Banerjee even as a case concerning Banerjee was being heard by the judge..A bench of Chief Justice of India (CJI) DY Chandrachud and Justice PS Narasimha said that judges have no business giving television interviews to news channels on pending matters and if they were to do so, the concerned judge could not hear the case discussed.In light of the above, the Court called for a report from the Calcutta High Court in this regard."The registrar general of Calcutta HC is directed to personally verify from Justice Ganguly as to whether he had been interviewed by Mr Suman De and in that event clarify. The Registrar General shall file affidavit before Friday before Registar Judicial of this court," the Supreme Court ordered. .It added that if Justice Gangopadhyay had in fact participated in the interview, he could not hear the school-for-jobs case and a different bench would have to take up the matter. "If he has done so, then he cannot participate anymore (in the hearing). We will not touch the investigation but when a judge who gives opinion on the petitioner on tv debate, then he cannot hear it. The High Court Chief Justice then has to constitute a new bench. But this is a case about a political personality and we entertained this on the way judge handled this matter. This cannot be the way.".The Court was hearing an appeal by Banerjee against the High Court's order calling for probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED). The petitioner placed a transcript of the judge's interview before the top court. .The top court had previously stayed the April 13 judgment ordering a probe by the central agencies into Banerjee's alleged role in irregularities in recruitment of teaching and non-teaching staff at government schools.During a public meeting on March 29, Banerjee had alleged that persons in ED and CBI custody were pressurized into naming him as part of the case. Subsequently, another accused in the case, Kuntal Ghosh, had also alleged that he was being pressured by investigators to take the name of Banerjee. Ghosh was in ED custody after his arrest till February 2, and was in CBI custody from February 20 to 23..An appeal was filed claiming that the High Court cast "unsubstantiated aspersions" on Banerjee and effectively directed the CBI and ED to initiate investigation against him, despite the fact that he was neither a party nor connected to the writ petition being heard.Banerjee in his plea further highlighted that Justice Gangopadhyay, who passed the order, had expressed his dislike for the TMC leader in an interview given to a news channel last September..It was also claimed that the judge had made remarks against Supreme Court judges who were hearing appeals against his order in the case. This was after the apex court had earlier called for an interim stay on the High Court order for CBI and ED probes against the accused.During a hearing, Justice Gangopadhyay had reportedly asked in open court,"Supreme Court judges can do whatever they want? Is this a Zamindari?".In this context, the SLP stated,"The fact that judicial orders passed by the highest court of the land, are not only under scrutiny but criticism in the most cavalier manner by the said Ld. Single Judge, calls for intervention by this Hon’ble Court so as to ensure that the majesty of the Institution is maintained and the faith which a common man deposes in it stands strong."