Calcutta High Court Halts CBI Probe into Medical Admission Irregularities

The Calcutta High Courts division bench put a temporary hold on a single benchs directive for a CBI investigation into allegations of irregularities in issuing reserved category certificates for medical college admissions in West Bengal.

The Calcutta High Court's division bench, led by Justice Soumen Sen, on Wednesday stayed a single bench's directive for the Central Bureau of Investigation (CBI) to investigate alleged irregularities in issuing reserved category certificates and their use in medical college admissions in West Bengal. The stay was granted after Advocate General Kishore Dutta, representing the state government, argued that the state was not permitted to rely on documents demonstrating its initiation of an investigation into the issuance of fake caste certificates.

Advocate General's Arguments

Dutta orally moved the division bench shortly after the single bench order, asserting that the petitioner had not requested a CBI investigation. He emphasized that the state has the right to conduct a fair and impartial investigation through its agencies, and this right should not be lightly interfered with unless there is a specific prayer for a CBI probe or a compelling case for it. Dutta further highlighted that disrupting the cooperative federal structure of the country should be avoided.

Single Bench Order

Earlier in the day, Justice Abhijit Gangopadhyay's single bench had directed a thorough investigation by the CBI into the entire process of issuing reserved category certificates and admitting candidates with such certificates in medical colleges over the past three years. The judge had also ordered the Special Investigation Team (SIT) constituted by the court to probe alleged irregularities in education appointment cases to handle the investigation. Additionally, Justice Gangopadhyay had directed the involvement of the Enforcement Directorate (ED) if any money trail was discovered during the investigation.

Division Bench's Observations

The division bench, including Justice Uday Kumar, observed that the state's right to conduct a fair and impartial investigation cannot be easily disregarded unless there is a specific prayer in the writ petition for a CBI investigation or a compelling case for it. The bench emphasized that such interference could disrupt the cooperative federal structure of the country.

CBI Officer's Appearance

Following Justice Gangopadhyay's order, a CBI officer appeared before his court after recess on Wednesday. Justice Gangopadhyay noted that the papers presented by the Advocate General were provided by the court. He also mentioned that the petitioner's counsel had informed him that the matter was mentioned before the appeal court on behalf of the state, but no one from the state had notified him about it.

The Calcutta High Court's division bench has stayed the single bench's order for a CBI investigation into alleged irregularities in issuing reserved category certificates and admissions in medical colleges in West Bengal. The stay was granted based on the state government's arguments that it has the right to conduct its own investigation and that there was no specific prayer for a CBI probe in the writ petition. The matter will be taken up for hearing on Thursday.