The Supreme Court takes up Abhishek Banerjee’s case from Justice Abhijit Gangopadhyay, who gave a television interview.

After reviewing the report of the Calcutta High Court Registrar General, a Bench led by CJI Chandrachud requests that the case of CM Mamata Banerjee's nephew be assigned to another judge. The Supreme Court on Friday asked the Calcutta High Court Chief Justice to take away TMC MP and a Chief Minister Mamata Banerjee’s nephew Abhishek Banerjee’s case from the court of Abhijit Gangopadhyay – who had given a TV interview – and assign it to some other judge. A Bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha issued the direction after perusing a report submitted by the Calcutta High Court Registrar General along with a note prepared by Justice Gangopadhyay and the translation of the transcript of his TV interview. Justice Gangopadhyay – who was hearing a batch of petitions relating to teachers’ recruitment scam – had given an interview to ABP Ananda in which he had allegedly spoken against Abhishek Banerjee. “The judge to whom proceedings are reassigned would be at liberty to take up all applications moved in that regard," the Bench clarified. Solicitor General Tushar Mehta told the Bench that there was a pattern to judges being targeted in the Calcutta High Court. He said whoever judge passed an order against a particular dispensation was targeted. The Bench agreed with him that judges can’t be browbeaten and cowed down. The order came on a petition challenging Calcutta High Court's order directing CBI and ED to question Banerjee in the teachers’ recruitment scam case in West Bengal. Taking strong exception to a TV interview given by Justice Abhijit Gangopadhyay -- a sitting Judge of the Calcutta High Court -- about a case related to teachers’ recruitment scam in West Bengal -- the top court on Monday said judges should not give interviews on cases pending before them. “Judges have no business granting interviews on matters which are pending before them,” the CJI had said, adding, "A judge cannot clarify everything, which is reported." "If this is true, he (Justice Gangopadhyay) can't hear this case anymore. We will not touch the investigation, but when a judge gives an opinion on the petitioner in a TV debate, he can't hear it. The High Court Chief Justice then has to constitute a new Bench. But this is a case about a political personality and we entertained this on the way the judge handled this matter. This can't be the way," the CJI had noted. The Bench had directed the Registrar General of the Calcutta High Court to clarify from Justice Gangopadhyay if he had been interviewed by Mr Suman De of ABP Ananda and file an affidavit. Senior advocate AM Singhvi, representing Banerjee, had submitted a translated transcript of Justice Gangopadhyay's TV interview to the Bench. "With the greatest respect and humility, this just cannot be done,” Singhvi had said. On April 17, the top court had stayed the Calcutta High Court's April 13 order directing the CBI and the ED to interrogate Banerjee and Kuntal Ghosh, an accused in the case, and file a report. Earlier, Justice Gangopadhyay had directed the West Bengal Police not to lodge any FIR against CBI and ED officers probing the scam. The high court had taken note of Banerjee’s March 29 public speech alleging that Ghosh was being pressured by the central probe agencies to name him in the case.