On Monday, April 24, the Supreme Court raised objections to comments made by Calcutta High Court Judge Abhijit Ganguly in an interview with ABP Ananda from last year. In that interview he mocked Trinamool Congress (TMC) leader Abhishek Banerjee.
Before a bench consisting of Chief Justice DY Chandrachud and Justice PS Narasimha, the petition was heard. The Supreme Court stated that a sitting judge should avoid speaking to the media about active legal cases.
It was decided that if Justice Abhijit Ganguly had made comments about Abhishek Banerjee in the media, he was ineligible to hear the case. The court has requested confirmation from the Registrar General of the Calcutta High Court as to whether Justice Ganguly spoke with ABP Ananda.
“If he has, he is no longer permitted to take part in the hearing. We won’t interfere with the probe, but a judge who expresses an opinion about the petitioner during a television debate is not allowed to hear it”, the court said.
The comments were made by CJI DY Chandrachud and Justice PS Narasimha during the hearing of a Special Leave Petition (SLP) submitted by Abhishek Banerjee, which contested Justice Ganguly’s direction to CBI and ED to look into the TMC leader’s involvement in the West Bengal teacher recruitment scandal.
In addition, Banerjee had provided a transcript of Justice Ganguly’s interview with ABP Ananda to the Supreme Court, claiming that the Judge had made “unsubstantiated aspersions” about him.
The concern is whether a judge should be permitted to participate in the hearings after making comments like these about a political figure, according to CJI DY Chandrachud.
The History of the Debate
Journalist Suman Dey of ABP Ananda interviewed Justice Abhijit Ganguly on September 19, 2022. The Trinamool Congress (TMC) government in West Bengal was one of many topics covered by the Calcutta High Court judge during the 1.5-hour interview.
He expressed his rage at Abhishek Banerjee’s attempt to undermine the credibility of the Court to ABP Ananda. The TMC leader had stated in May 2022, “I feel ashamed to mention that there are a few in the legal system who are working in sync with BJP, functioning as their porters, and ordering CBI probe at the drop of a hat.”
Banerjee’s comments were not deemed to be in contempt by a Division Bench, although Justice Abhijit Ganguly was upset. He said to ABP Ananda, “If such remarks are made in the future involving me, I will demonstrate how tough the judiciary can be.”