Judge vs Judge: Supreme Court’s special hearing amidst controversial accusations between Calcutta High Court judges

The Supreme Court is set to convene for a special hearing tomorrow following suo motu cognisance of serious accusations made by Calcutta High Court Judge, Justice Abhijit Gangopadhyay, against his colleague, Justice Soumen Sen.

In an unusual turn of events, Justice Gangopadhyay accused Justice Sen, who presided over a division bench, of having affiliations with a political party. This accusation arose after Justice Sen stayed a single-judge order, issued by Justice Gangopadhyay, calling for a Central Bureau of Investigation (CBI) probe into alleged irregularities in medical admissions.

Despite the stay, Justice Gangopadhyay revisited the matter and directed the CBI to initiate the investigation. His subsequent order not only disregarded the Division Bench's decision but also urged the Supreme Court to re-examine Justice Sen's previous orders, accusing him of working for a political party.

"Justice Sen is clearly working for some political party in this state. Therefore, if the Honorable Supreme Court thinks so, then there is a need to re-look at the orders passed in cases related to the state. What Justice Sen has done today is to further his personal interest to save some political party in power in this state. Therefore, his actions clearly amount to misconduct," remarked Justice Gangopadhyay.

Justice Gangopadhyay raised questions about Justice Sen's continued presence in the Calcutta High Court, highlighting a Supreme Court Collegium's recommendation for his transfer in 2021, which has not been implemented.

In a surprising revelation, Justice Gangopadhyay disclosed a purported private chat between judges, claiming that Justice Sen advised Justice Amrita Sinha not to disturb Abhishek Banerjee's political future. Justice Sinha reported this incident to the Chief Justice of Calcutta High Court, who subsequently informed the Chief Justice of India, according to Justice Gangopadhyay.

It is worth noting that Justice Abhijit Gangopadhyay has faced previous reprimands from the Supreme Court for discussing cases with the press. His statements, often perceived as political, have drawn criticism, with the Trinamool Congress demanding his resignation from the judiciary to pursue a career in politics. 

The special hearing, scheduled for 10:30 am, will see Chief Justice DY Chandrachud and four other senior judges addressing these complex and controversial allegations between the Calcutta High Court judges.