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CIVIL

Abhishek Banerjee vs Soumen Nandy and Ors (28/04/2023)

Having considered the transcript, we direct that the Acting Chief Justice of the High Court at Calcutta shall reassign the pending proceedings in the case to some other Judge of the Calcutta High Court. The Judge to whom the proceedings are reassigned by the Acting Chief Justice would be at liberty to take up all applications which may be moved in that regard.

3 min read

ITEM NO.14 + 46

COURT NO.1

SECTION XVI

SUPREME COURT OF INDIA

RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CIVIL) Diary No(s). 15883/2023

(Arising out of impugned final judgment and order dated 13-04-2023
in CAN No. 1/2023 passed by the High Court at Calcutta)

ABHISHEK BANERJEE Petitioner(s)
VERSUS
SOUMEN NANDY & ORS. Respondent(s)

(IA No.81269/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT and IA No.81270/2023-EXEMPTION FROM FILING O.T. and IA
No.81266/2023-PERMISSION TO FILE PETITION (SLP/TP/WP/..) and IA
No.81265/2023-PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES )

WITH
Diary No 15889/2023

KUNTAL GHOSH Petitioner
VERSUS
THE STATE OF WEST BENGAL Respondent

(FOR ADMISSION and I.R. and IA No 80074/2023 – Exemption from
filing C/C of the impugned judgment and IA No 80073/2023 –
Permission to file the Special Leave Petition)

Date : 28-04-2023

This petition was called on for hearing today.

CORAM : HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

For Petitioner(s)

Dr. Abhishek Manu Singhvi, Sr. Adv.
Mr. Gopal Shankarnarayan, Sr. Adv.
Mr. Udayaditya Banerjee, AOR
Mr. Amit Bhandari, Adv.
Ms. Shivani Vij, Adv.
Ms. Shreya Bhojnagarwala, Adv.
Mr. Mukul Rohatgi, Sr. Adv.
Mr. Siddharth Dave, Sr. Adv.
Ms. Ranjeeta Rohatgi, AOR
Ms. Pragya Baghel, Adv.
Ms. Samten Doma Lachungpa, Adv.

For Respondent(s)

Mr. Jaideep Gupta, Sr. Adv.
Mr. Kunal Chatterji, AOR
Ms. Maitrayee Banerjee, Adv.
Mr. Rohit Bansal, Adv.
Ms. Kshitij Singh, Adv.
Mr. Tushar Mehta, Solicitor General
Mr. S.V. Raju, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. Annam Venkatesh, Adv.
Mr. Kanu Agarwal, Adv.
Ms. Sairica Raju, Adv.
Mr. Rajat Nair, Adv.

Mr. Bikash Ranjan Bhattacharya, Sr. Adv.
Mr. Rauf Rahim, AOR
Mr. Firdous Samim, Adv.
Ms. Gopa Biswas, Adv.
Mr. Bikram Banerjee, Adv.
Mr. Sudipto Dasgupta, Adv.
Mr. Ali Asghar Rahim, Adv.
Ms. Payal Shoma, Adv.
Mr. Ranjit Kumar, Sr. Adv.
Mr. Nirnimesh Dube, AOR
Mr. Maninder Singh, Sr. Adv.
Ms. Bansuri Swaraj, Adv.
Mr. Siddhesh Kotwal, Adv.
Ms. Manya Hasija, Adv.
Ms. Ana Upadhyay, Adv.
Mr. Nihar Dharmadhikari, Adv.

UPON hearing the counsel the Court made the following

O R D E R

1 Permission to file the Special Leave Petitions is granted.

2 Pursuant to the order of this Court dated 24 April 2023, the Registry has placed an affidavit dated 27 April, 2023 filed by the Registrar General of the High Court at Calcutta on the record. Paragraph 5 of the affidavit of the Registrar General states, thus :

“It is stated that on April 26, 2023 at about 07.00 p.m., His
Lordship, Hon’ble Justice Abhijit Gangopadhyay has been pleased
to forward a note prepared by His Lordship in respect of annexure-
P7, transcript version of the interview “Ghanta-Khanek Songe
Suman” as prepared by the Interpreting Officer (Court) of High
Court, Calcutta (Original Side) pursuant to His Lordship’s direction,
along with a CD containing the interview which was proadcasted
on ABP Ananda, are annexed herewith as Annexure-A, B and C
respectively and be treated as a part of this affidavit.”

2 We have considered the note prepared by Justice Abhijit Gangopadhyay in respect of Annexure-P7 and have also perused the transcript of the interview. The transcript has been authenticated on 26 April 2023 by the Interpreting Officer (Court) on the Original side of the High Court at Calcutta.

3 Having considered the transcript, we direct that the Acting Chief Justice of the High Court at Calcutta shall reassign the pending proceedings in the case to some other Judge of the Calcutta High Court. The Judge to whom the proceedings are reassigned by the Acting Chief Justice would be at liberty to take up all applications which may be moved in that regard.

4 The Special Leave Petitions are accordingly disposed of.

5 A copy of this order shall be communicated by the Secretary General of this Court to the Registrar General of the High Court at Calcutta so that it can be placed before the Chief Justice on the administrative side.

6 Pending applications, if any, stand disposed of.

(GULSHAN KUMAR ARORA)

(SAROJ KUMARI GAUR)
AR-CUM-PS ASSISTANT REGISTRAR

Tags: Calcutta High Court

Tagged: Supreme Court

This topic has 1 reply, 1 voice, and was last updated 1 month, 1 week ago by advtanmoy.

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30/04/2023 at 21:42 #130744

advtanmoy
Keymaster

Having considered the transcript, we direct that the Acting Chief Justice of the High Court at Calcutta shall reassign the pending proceedings in the case to some other Judge of the Calcutta High Court. The Judge to whom the proceedings are reassigned by the Acting Chief Justice would be at liberty to take up all applications which may be moved in that regard.

[See the full post at: Abhishek Banerjee vs Soumen Nandy and Ors (28/04/2023)]

30/04/2023 at 21:50 #130746

advtanmoy
Keymaster

The Supreme Court has stayed Justice Abhijit Gangopadhyay’s order directing the Supreme Court secretary general to produce before him the transcript of his interview by midnight.

“The order of present nature ought not to have been passed in judicial proceeding keeping in view the judicial discipline. We hereby stay the order passed by the High Court judge in the suo motu proceeding. We direct Secretary General of Supreme Court to communicate this order to the Registrar General of Calcutta High Court forthwith who shall communicate the same to the High Court judge,” the Supreme Court said in its order.
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United States Code

The Supreme Court has stayed Justice Abhijit Gangopadhyay’s order directing the Supreme Court secretary general to produce before him the transcript of his interview by midnight.

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