JUDGMENT :

(Amrita Sinha, J.) :

1. CAN 3 has been filed by one Kuntal Ghosh (‘KG’ for short) for being impleaded as party in the pending writ proceeding claiming himself to be associated with student politics during his college days and an erstwhile member of the All India Trinamool Congress and also served as the Youth Wing Leader of the said political party. KG was arrested by ED on 21st January, 2023 in connection with the money laundering case and is still in custody in the Presidency Correctional Home, Alipore.

2. A further application has been filed by KG being CAN 4 of 2023 praying for recalling a part/portion of the order directing investigation of the complaint of custodial torture lodged by KG. KG alleges that he is aggrieved by the said direction passed by this Court on 13th April, 2023 where the Court directed investigation to be conducted in connection with the complaint of custodial torture lodged by him before the Hastings police station.

3. An application for intervention in the writ petition being CAN 5 of 2023 has been filed by one Abhishek Banerjee (‘AB’ for short) who has averred that he is a Member of the Parliament from Diamond Harbour Constituency and is also the General Secretary of All India Trinamool Congress, the ruling political party of the State of West Bengal.

4. He claims to be aggrieved by certain direction passed by the Hon’ble Court on 13th April, 2023 in the present writ petition. He further alleges that he is a stranger to the writ proceeding where order has been passed against him behind his back, and accordingly, he seeks leave to intervene in the proceeding to put forth his defence.

5. AB has also filed an application being CAN 6 of 2023 for recalling a portion of the order dated 13th April, 2023, wherein direction has been passed for investigation of his activities.

6. The said order dated 13th April, 2023 was passed in application being CAN 1 of 2023, WPA No. 9979 of 2022, filed by the Directorate of Enforcement (‘ED’ for short) seeking appropriate orders.

7. Being aggrieved, both the applicants challenged the order dated 13th April, 2023 before the Hon’ble Supreme Court by filing Special Leave Petition (Civil) diary no. 15889/2023 and 15883/2023 respectively. The Hon’ble Supreme Court, by order dated 17th April, 2023, was pleased to stay all actions against the applicants in pursuance of the direction contained in the order dated 13th April, 2023. The interim order of stay was, thereafter, extended till the next date of hearing fixed on 28th April, 2023.

8. The Hon’ble Supreme Court by order dated 28th April, 2023, was pleased to dispose of the Special Leave Petitions by directing the Hon’ble the Acting Chief Justice of this Hon’ble Court to reassign the pending proceedings to some other Judge of the High Court and the Judge to whom the cause papers are reassigned would be at liberty to take up all applications which may be moved in that regard. The Hon’ble Supreme Court was, however, neither pleased to interfere with the order nor pleased to extend the order of stay of the direction passed by this Hon’ble Court on 13th April, 2023.

9. The applicants allege that in the order dated 13th April, 2023 the Hon’ble Court was pleased to take note of a public meeting held by AB on 29th March, 2023 where he claimed that the police or the interrogating agencies were pressurizing one of the accused who is in custody i.e. KG in connection with the recruitment scam to disclose his name.

10. The Court observed that KG filed a complaint against the interrogating officers before the CBI Court and before the Hastings police station on 31st March and 1st April 2023 respectively. The Court thought it fit to get the matter enquired as to whether KG took the cue from the public speech made by AB, especially because the complaint was lodged by KG soon after the speech was made by AB.

11. It has been submitted that, the Court in the impugned order came to a definite conclusion that the investigating officers