MANIK BHATTACHARYA Vs. RAMESH MALIK

JUDGEMENT

(1.) These two applications have been taken out by the petitioner in connection with Special Leave Petition (Civil) Nos. 16325-­16326 of 2022. In these Special Leave Petitions, the petitioner has questioned legality of an order of a Division Bench of the High Court at Calcutta sustaining a series of orders passed by a Single Judge on 13th, 15th, 17th, 20th and 21/6/2022 in two Writ petitions, registered as 9979 of 2022 and 7097 of 2019. The controversy relates to allegations of illegalities in recruitment of primary school teachers through the Teachers Eligibility Test, 2014. In these orders several directions were given against the petitioner herein, including directing the Central Bureau of Investigation (CBI) to start interrogation of the petitioner and in the event the petitioner (and certain other persons) did not cooperate with the CBI was given the liberty to interrogate them after taking them into custody. This set of orders passed between 13/6/2022 and 21/6/2022 were carried in appeal by the petitioner as well as other authorities before a Division Bench of the High Court. The Division Bench, in substance, sustained these orders.

(2.) When the Petitions for Special Leave to Appeal was heard by this Court on 27/9/2022, notice was issued and in the SLPs in connection with which these IAs have been taken out, it was directed that no coercive steps shall be taken against the petitioner till 28/9/2022. This protection has subsequently been continued.

(3.) Learned Counsel for the petitioner had mentioned before us on 12/10/2022 that the petitioner was arrested on 10/10/2022 by the Enforcement Directorate. These two IAs were filed on 12/10/2022 itself, being I.A. No.154274 of 2022 for impleading the Directorate of Enforcement as a party-respondent to the present Special Leave Petitions and I.A. No.154275 of 2022 for declaring the arrest of the petitioner as illegal. Such arrest was made by the Enforcement Directorate on the basis of Enforcement Case Information Report under No. KLZ0-­II/19/2022 (ECIR).