Schools jobs for cash scam: Calcutta High Court slams special CBI judge, orders his transfer; State Law Minister appears

West Bengal Law Minister Moloy Ghatak appeared before the Calcutta High Court on September 27 after the Calcutta High Court summoned him for failing to clear the appointment order of a special judge to hear matters relating to Central Bureau of Investigation (CBI) probes [Santanu Sit vs State of West Bengal]..The Law Minister appeared before Justice Abhijit Gangopadhyay personally at 5 PM and said that the appointment would be effected by December 6.The Court recorded the same in its order."The Minister in Charge, Law and Justice Government of West Bengal has appeared personally. He has submitted that he would clear the file by 6th December, 2023 so that the new incumbent can join the post immediately thereafter," the order said. The High Court was hearing matters relating to the multi-crore 'school jobs for cash' scam or the primary teachers' recruitment scam.Pertinently, the Court also slammed the current CBI judge Arpan Chatterjee for some of the orders passed by him in relation to the scam and noted that an order passed earlier this year to transfer judge Chatterjee was yet to be implemented."I wonder why the transfer order has not been given effect to. Whose hand is upon the head of the present CBI Judge (acting) for which transfer of a new inequivalent has not been made?" the judge remarked before proceeding to summon the State Law Minister. The High Court proceeded to order that the CBI judge Chatterjee's transfer must be carried out by October 4.The Court further ordered the West Bengal government to make sure that none of its authorities make or entertain any complaint against members of the Special Investigation Team (SIT) probing the scam.No such complaint can be entertained without the permission of the High Court."It is directed to all authorities under the Government of West Bengal not to make or entertain any complaint either against the head of the SIT or any member of the SIT constituted by this court without the leave of this court," the judge said in his order. .The Court passed the strongly worded order after being informed that the SIT members were being harassed by the Kolkata police after an accused person in custody made certain allegations. Following this, a special judge hearing cases probed by the Central Bureau of Investigation (CBI) asked the SIT members to appear before the Kolkata police for an inquiry. The High Court criticised the special CBI judge for this move."I castigate such order passed by the said CBI Judge. Such Judge has no business to send the SIT to Kolkata Police for inquiry. Both the police authorities and such Judge, should keep in mind that as this SIT has been constituted by this court, they have no business to send the officers of SIT for inquiry to such police authority," the High Court said. .The Court further observed that while the State police force may be a competent force, the Kolkata Police was not engaged in this case since influential politicians and State authorities are also allegedly involved..Justice Gangopadhyay proceeded to order the Chief Secretary of the West Bengal government to inform Chief Minister Mamata Banerjee that no person should file complaints against the members of the SIT or the Enforcement Directorate (ED),who are investigating this scam without the express permission of the court. ."Zero tolerance to corruption should be there in letter and spirit and it should not remain only a slogan in the mouth of the most corrupt persons," the Court added. .The CBI judge also drew the High Court's ire for having sent four CBI witnesses to judicial custody. "I do not know what is the reason of this over enthusiasm of said CBI Special Court Judge who is acting there. Instead of protecting the witnesses, he has acted detrimentally to the investigation. CBI says, after this incident nobody is opening their mouth in apprehension that they would also be arrested by the order of the CBI court if they became witnesses," the High Court observed. .Justice Gangopadhyay proceeded to make it clear that anyone named as a witness by the CBI henceforth shall not be arrested by anybody except the CBI or the ED. .The case will be heard next by the High Court on October 18..Senior Advocate Bikash Ranjan Bhattacharyya along with advocates Dibyendu Chatterjee, Pritam Majumdar, Rahul Deb Goenka, Mainak Singha Barma, Sudipta Dasgupta, Ali Ahsan Alamgir, Soma Mal, Rabia Khatoon and June Modak appeared for various petitioners.Deputy Solicitor General Billwadal Bhattacharya along with advocate Arijit Majumder represented CBI.Advocates Iti Dutta, Jahar Dutta and Bipin Ghosh represented the State government.Advocate Samrat Goswami represented the ED..[Read Order]