On Monday (April 24), the Supreme Court objected to an interview given by Calcutta High Court Judge Abhijit Ganguly to ABP Ananda last year wherein he made critical remarks about Trinamool Congress (TMC) leader Abhishek Banerjee.
The matter came up for hearing before a Bench of Chief Justice DY Chandrachud and Justice PS Narasimha. The apex court noted that a sitting judge should refrain from giving interviews to the press on pending judicial matters.
It ruled that Justice Abhijit Ganguly cannot hear a case regarding Abhishek Banerjee if he had made comments about him in the media. The court has asked the Registrar General of Calcutta High Court to verify whether Justice Ganguly gave an interview to ABP Ananda.
“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 apex court ordered while seeking a report on the matter from the Calcutta High Court.
CJI DY Chandrachud and Justice PS Narasimha made the observations while hearing a Special Leave Petition (SLP) filed by Abhishek Banerjee, challenging Justice Ganguly’s order to CBI and ED to probe the role of the TMC leader in West Bengal teacher recruitment scam.
Banerjee had also presented a transcript of Justice Ganguly’s interview with ABP Ananda before the apex court and alleged that the Judge cast ‘unsubstantiated aspersions’ on him.
“The question is whether a judge who has made statements like these about a political personality – should he be allowed to participate in the hearings,” CJI DY Chandrachud stated.
The Background of the Controversy
On September 19, 2022, Justice Abhijit Ganguly was interviewed by journalist Suman De of ABP Ananda. During the 1.5-hour-long interview, the Calcutta High Court judge spoke on an array of issues, including the ruling Trinamool Congress (TMC) government in West Bengal.
He told ABP Ananda that he was angry at the attempt of Abhishek Banerjee to cast aspersions on the integrity of the Court. “I feel ashamed to say that there are a few in the judicial system who are working in tandem with BJP, working as their porters, ordering CBI probe at the drop of a hat,” the TMC leader had said in May 2022.
Although a Division Bench did not find contempt in Banerjee’s remarks, Justice Abhijit Ganguly was disturbed. “If such comments are made in the future involving me, I will show how tough the judiciary can be,” he told ABP Ananda.
The Calcutta High Court Judge also informed journalist Suman De that he came across another video of Abhishek Banerjee wherein he was heard claiming that the court would easily grant bail to BJP leaders.
Aghast at the attempts by TMC leadership to tarnish the dignity of the Judiciary, Justice Abhijit Ganguly said, “What if I ask him to provide proof? Can he prove it? He can be sent to three months in prison for telling lies.“
If we do not take stringent action against those trying to malign the judiciary, people’s trust in the system will suffer…Heard that she (Mamata Banerjee) also often gets angry and acts in a vindictive way,” he had said during the infamous September 2022 interview.
