School jobs scam: HC says no FIR against CBI, ED without its nod, takes note of Kuntal Ghosh letter

The Calcutta High Court ruled on Thursday that officers from the ED and CBI investigating the irregularities in recruitment of teaching and non-teaching staff in West Bengal government-sponsored and aided schools cannot be charged with an FIR without the court's permission.

By Jitendra Jangid Apr 15, 2023, 14:29 IST

The Calcutta High Court on Thursday said that without its permission, no FIR can be registered against officers of the ED and CBI, who are investigating irregularities in recruitment of teaching and non-teaching staff in West Bengal government-sponsored and aided schools. Kuntal Ghosh, an accused arrested by the ED in the case, recently alleged that he was being pressured by investigators to take the name of Trinamool Congress MP Abhishek Banerjee and this was alluded to by the Trinamool leader in a public speech which was taken note of by the High Court. Justice Abhijit Gangopadhyay’s direction came while hearing a matter related to the recruitment scam. He observed that a letter to the lower judiciary by Ghosh, who is alleged to have acted as an agent in the scam, to the effect that the investigators were pressuring him to take the name of the TMC leader was an attempt by the accused to influence them. The aspects indicated in Abhishek Banerjee’s public speech should also not be outside the purview of the investigation by the CBI, the court observed. Later in the evening while addressing a press conference, TMC state general secretary Kunal Ghosh alleged that a section of the judiciary is “not behaving as per law”. “I have immense respect for the judiciary. The TMC as a party has immense respect for the judiciary, too,” Ghosh said. He, however, also alleged, “But, unfortunately a section of the judiciary at the Calcutta High Court is not behaving as per law.” Reacting to Ghosh’s statement, BJP national vice-president Dilip Ghosh said the outburst of the TMC is quite natural as “the cat is now out of the bag”. “Several TMC leaders are being arrested in corruption cases. And, whoever speaks out against the corruption of TMC is wrong, be it the governor or the judiciary. This proves they have no respect for the judiciary,” Ghosh said. Appearing for the petitioner, senior lawyer Bikash Bhattacharya prayed before the court that a forensic examination of the letter be ordered. ED counsel Samrat Goswami submitted that Ghosh was arrested by the agency on January 21, and was in its custody for 14 days on orders of the lower court. After his ED custody ended, Ghosh has remained in judicial remand. Justice Gangopadhyay directed the ED and the CBI to file reports before the court by April 20 with regard to the letter.

The Calcutta High Court ruled on Thursday that officers from the ED and CBI investigating the irregularities in recruitment of teaching and non-teaching staff in West Bengal government-sponsored and aided schools cannot be charged with an FIR without the court's permission. The court issued this directive while hearing a matter related to the recruitment scam, after an accused arrested by the ED, Kuntal Ghosh, alleged that investigators were pressuring him to take the name of a Trinamool Congress MP, Abhishek Banerjee. The court noted that the accused's letter to the lower judiciary, attempting to influence the investigators, should not be allowed to impact the case. It also observed that the aspects referred to by the Trinamool leader in a public speech should not be outside the purview of the investigation by the CBI.

Later, TMC state general secretary Kunal Ghosh alleged in a press conference that a section of the judiciary at the Calcutta High Court is "not behaving as per law." Responding to this statement, BJP national vice-president Dilip Ghosh claimed that the TMC had no respect for the judiciary.

During the hearing, the petitioner's lawyer requested a forensic examination of the letter, and the ED counsel revealed that Ghosh had been in their custody for 14 days on orders of the lower court. The court directed the ED and the CBI to file reports before April 20 regarding the letter.

School jobs scam: HC says no FIR against CBI, ED without its nod, takes note of Kuntal Ghosh letter

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