The Supreme Court has granted relief to Trinamool Congress MLA Manik Bhattacharya by staying two orders of the Calcutta High Court that had directed a fresh probe by the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) against him in connection with the teacher's appointment scam. The High Court had granted liberty to the investigative agencies to interrogate Bhattacharya and even take him into custody if necessary, which prompted his urgent request for relief.
A Division Bench of Justice AS Bopanna and Justice PV Sanjay Kumar took up the unlisted matter following an urgent request made by the petitioner before the Chief Justice. The Apex Court, in its order, held that until the matter is decided, no further prejudice should be caused to Bhattacharya as he was not a party to the writ proceedings and certain orders were made to his detriment without giving him an opportunity to be heard.
The Calcutta High Court, in its July 25 order, had allowed the ED and CBI to interrogate Bhattacharya regarding the cash-for-jobs scam and permitted them to take him into custody if required. The High Court had noted the Supreme Court's earlier order granting protection to Bhattacharya from coercive action by the CBI in a different scam, but it opined that such protection would not impede his custody in connection with the separate scam being investigated.
In its subsequent order dated July 26, the Calcutta High Court directed that the investigation be videographed and produced in Court on August 3. This urgency led Bhattacharya to seek immediate relief from the Apex Court, arguing that presenting the video of his interrogation in the presence of numerous parties would prejudice him.
The Supreme Court took cognizance of the fact that Bhattacharya was not a party to the proceedings and had not been given an opportunity to be heard. As a result, the Apex Court stayed the orders, safeguarding his rights and preventing any further prejudice against him.
It is worth noting that last month, the Supreme Court had already set aside the High Court's interim order directing the West Bengal Board of Primary Education to conduct a fresh selection for 32,000 teacher posts. The petition before the Apex Court challenged the division bench's stay on the termination of 32,000 teachers and the direction for a new selection process. The High Court had ordered the termination and fresh selection in light of alleged gross illegality and corruption in the 2016 recruitment process conducted by the Board.
The ongoing investigation by the CBI and ED is focused on the former Education Minister, the former President of the Board, and several middlemen allegedly involved in the sale of teaching positions.
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