Today, 2nd May, The Calcutta High Court expressed concerns over delays in granting sanctions to prosecute individuals accused in the school jobs case. The court emphasized the importance of timely decisions in such matters to ensure justice is served efficiently. Delays in granting sanctions can impede legal proceedings and prolong the resolution of cases, impacting the delivery of justice. The court’s remarks highlight the need for expediency in legal processes, particularly in cases involving serious allegations.
Calcutta: The Calcutta High Court on Thursday articulated its dissatisfaction and concern over the extended delay by the West Bengal chief secretary in resolving whether to authorize the prosecution of former public servants who were apprehended by the Central Bureau of Investigation (CBI) in connection with the 2016 school recruitment scandal. Previously, on April 23, the high court issued a directive to the chief secretary, ordering a decision on this issue by May 2. The court emphasized the importance of addressing this matter promptly to uphold judicial efficiency and accountability.
Throughout the day, the state government requested a seven-week extension to deliberate on granting the sanction.
The court expressed strong disapproval of what it described as “wilful delay” in the process, emphasizing that the sanctioning authority cannot indefinitely obstruct the legal proceedings by procrastinating on a decision regarding prosecution sanctions.
A division bench led by Justice Joymalya Bagchi criticized the repeated delays, despite the court’s direct instructions and established guidelines concerning the issuance of such sanctions to the chief secretary. The court underscored its disappointment in the sluggish progress, indicating that it would decisively address the bail applications of the accused individuals, including former West Bengal minister Partha Chatterjee, on the upcoming Friday.
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Partha Chatterjee, alongside other former public officials detained in connection with the case, submitted bail applications, urging the court for release. However, the chief secretary, represented by the state’s advocate general, requested an additional seven weeks to deliberate on the sanction application submitted by the CBI. The court noted that since the accused were public servants and implicated in corruption, with a chargesheet already filed against them, it was imperative and expected that the decision on the grant of sanction should follow promptly.
The bench expressed that it is compelled to adopt a strict stance on the matter. Advocate General Kishore Dutta argued that the court should not have addressed the issue of sanction, as the primary matter at hand concerns the bail applications of the accused.
Highlighting that the central issue at hand is whether the accused should be granted bail. The court asserted,
“If it becomes evident that a specific agency is undermining the criminal justice process, should the court simply ignore it?”
By emphasizing that a constitutional democracy operates on trust, the bench noted,
“This is not a stance expected of a constitutional democracy,”
The court remarked,
“The bench expressed concern, noting that this appeared to be a deliberate attempt not only to dIsregard our directives but also to impede the administration of criminal justice,”
It further stated that this would be an important factor in evaluating the bail applications due to the roadblocks that are obstructing the trial process.
The court described the situation as an “institutional conspiracy” and noted that the accused appeared too influential to undermine the criminal proceedings.
The court expressed significant concerns, stating,
“It is really apprehensive whether the wherewithal and institutional support for a fair trial is possible here.”
It further noted that the decision to pursue a fair trial rests with the prosecuting agency, and conveyed its deep distress over the situation.
On April 9, the bench expressed dissatisfaction with the delay in granting sanction and instructed the chief secretary to make a decision by April 23. The CBI informed the court in a previous hearing that the governor of West Bengal approved the prosecution of former minister Partha Chatterjee.
The division bench currently considering bail petitions from Partha Chatterjee, former secretary of the West Bengal School Service Commission, Ashok Saha, former SSC chairman Subires Bhattacharya, and former chairman of SSC’s advisory committee Santi Prasad Sinha, all of whom have been in custody for approximately two years in connection with the case.
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