On Wednesday, the Calcutta High Court’s division bench swiftly intervened to halt a single bench’s directive instructing a CBI investigation into alleged irregularities concerning reserved category certificates used for medical college admissions in West Bengal. Advocate General Kishore Dutta, representing the state, asserted before the division bench, presided by Justice Soumen Sen, that the state was unjustly denied the opportunity to present documents indicating its initiation of a probe into the issuance of counterfeit caste certificates. Dutta emphasized the absence of a specific prayer for a CBI investigation from the petitioner.

The division bench promptly stayed the single bench order for two weeks and scheduled a hearing on Thursday. Earlier that day, Justice Abhijit Gangopadhyay’s single bench had directed a thorough CBI investigation into the entire process of issuing reserved category certificates and admitting candidates with such certificates to medical colleges over the past three years. The single bench mandated the court’s Special Investigation Team (SIT) to conduct the probe, with the option of involving the Enforcement Directorate (ED) if any financial improprieties surfaced.

The division bench, including Justice Uday Kumar, emphasized that the right of the state to conduct a fair and impartial investigation should not be lightly interfered with, as it could disrupt the cooperative federal structure of the country unless there is a specific prayer or a compelling case for a CBI probe.

The single bench had stated that the absence of a prayer for a CBI investigation from the petitioner should not deter the writ court from exercising jurisdiction in a petition where corrupt practices are evident. Following Justice Gangopadhyay’s order, a CBI officer appeared before his court, with the papers produced by the Advocate General handed over during the proceedings. Justice Gangopadhyay noted the lack of communication from the state about the matter.

Source: PTI

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