In the latest development, another Supreme Court judge has recused from hearing a case related to the state of West Bengal, Lawbeat reported.
The Supreme Court, on Tuesday, was to hear West Bengal Chief Minister Mamata Banerjee's appeal challenging the Calcutta High Court order refusing her and state Law Minister Moloy Ghatak to file affidavits on their role on 17 May when four Trinamool Congress leaders were arrested by the CBI in connection with the Narada sting tape case.
A bench of Justices Hemant Gupta and Aniruddha Bose was formed to hear the separate appeals filed by the Chief Minister, Ghatak, and the West Bengal government.
Justice Bose, who was earlier a judge of the Calcutta High Court, said that he was recusing from hearing those cases. As per reports, Justice Hemant Gupta has requested the Chief Justice of India to form another bench today itself, if possible, to hear the cases.
The plea filed by the Chief Minister, through advocate Astha Sharma, said the High Court order is against all canons of substantial justice, more so in light of the fact that the CBI was able to not only get an urgent listing but also stay of the order passed by the special CBI judge on 17 May, without filing any pleadings along with requisite affidavits, merely on the basis of an e-mail, without any notice to the parties concerned, including the petitioner.
"The allegations made by the CBI against the petitioner, in relation to the events, are contradictory and have been made in an attempt to mislead the court. Allegations regarding the petitioner's presence at Nizam Palace Complex, which houses the CBI office, are factual averments, and requires response by the petitioner herein so as to refute the claim by the CBI for the matter to be adjudicated on merits, especially when the allegation itself is contradictory in nature," said the plea.
Earlier last week, Justice Indira Banerjee had recused from hearing the petition seeking a CBI/SIT probe into the killings of two BJP workers during the post-poll violence unleashed by the cadres of TMC.
A division Bench of Justice Indira Banerjee and Justice MR Shah was hearing a writ petition filed by Biswajit Sarkar, brother of the deceased BJP member who was murdered by Trinamool Congress members during the post-poll violence in West Bengal.
As soon as the matter was taken up Justice Indira Banerjee said, “I have some difficulty in hearing this matter. Let this matter be listed before another bench”.
Notably, Justice Banerjee and Justice Bose, both hail from the state of West Bengal.