[WB Teachers Recruitment Scam] Calcutta HC Grants Bail to TMC MLA Manik Bhattacharya

Today(12th Sept), The Calcutta High Court granted bail to TMC MLA Manik Bhattacharya, who was arrested by the ED over teacher recruitment irregularities. Conditions for his release include surrendering his passport and not leaving his current station without permission from the investigating officer.

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[WB Teachers Recruitment Scam] Calcutta HC Grants Bail to TMC MLA Manik Bhattacharya

KOLKATA: The Calcutta High Court has granted bail to Trinamool Congress (TMC) MLA Manik Bhattacharya, who was arrested in connection with the West Bengal teacher recruitment scam. The multi-crore scam, which involved irregularities in the recruitment process for teachers in the state, has led to a large-scale investigation by both the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI).

Manik Bhattacharya, the MLA from Palashipara in the Nadia district, has been under investigation for his alleged role in the corruption scandal.

Todat(12th Sept), Justice Suvra Ghosh of the Calcutta High Court granted bail to Bhattacharya with several strict conditions. One of the key stipulations is that he must submit his passport to a lower court and is not permitted to leave the jurisdiction without the explicit permission of the investigating officer. The court’s decision marks a significant development in Bhattacharya’s case, but he is required to adhere to several restrictions in order to remain out on bail.

“He cannot leave the station without permission of the investigating officer,”

– stated the High Court in its ruling.

Conditions of Bail

Bhattacharya’s release from jail does not come without limitations. He must provide his mobile number to the investigating officer, submit his passport, and avoid any direct or indirect contact with witnesses involved in the case. Moreover, he has been warned not to influence or threaten any witnesses. These restrictions are designed to ensure that Bhattacharya cannot interfere with the ongoing investigation or obstruct justice.

“No witness may be contacted or attempted to be contacted. No witness shall be influenced or threatened,”

-emphasized the court.

The former president of the West Bengal Board of Primary Education, Bhattacharya, was arrested by the Enforcement Directorate on October 11, 2022, for his alleged involvement in the teacher recruitment scam. The CBI has been running a parallel investigation, but it did not arrest Bhattacharya. He was kept in custody at the Presidency Jail after the ED’s initial custody period ended. Now, after 23 months behind bars, Bhattacharya has finally been granted bail, though with stringent conditions.

Throughout the legal proceedings, Bhattacharya has displayed emotional vulnerability. During a previous hearing, he broke down in tears, expressing frustration and disappointment with the ED’s handling of the case. He vehemently denied the allegations and criticized the investigation, asserting that the ED lacked substantial evidence.

In a dramatic turn, Bhattacharya wept as the ED presented a statement from his younger brother, which was used to contest his bail. Bhattacharya pleaded with the court, arguing that his brother’s statement should not be a basis for denying his bail.

“What my brother told the CBI at the time of arrest should not be considered in the matter of bail,”

– Bhattacharya told the court during the hearing.

He participated in the hearing via video conference from the jail, where he was visibly emotional. Bhattacharya has repeatedly expressed dissatisfaction with how the ED has pursued its investigation into his role in the recruitment scam. At one point, he used an evocative analogy to describe his predicament.

“I am climbing two feet up the greasy bamboo,”

-he said, referring to the difficulty he faces in securing bail due to the nature of the ED’s claims and the ongoing investigation.

The ED has maintained that their investigation into the scam is ongoing, which they argue justifies the denial of bail to Bhattacharya. They have claimed that Bhattacharya’s alleged involvement in the irregularities in teacher recruitment remains under scrutiny. Despite Bhattacharya’s attempts to discredit the investigation, the ED has continued to pursue the case, building it on the basis of financial irregularities and illicit practices in the hiring process.

Bhattacharya previously approached the Supreme Court seeking bail but was denied. The apex court advised him to apply to the Calcutta High Court after rectifying procedural errors in his bail plea. The High Court, in turn, granted him bail but not without attaching strict conditions to prevent any potential tampering with evidence or witnesses.

“It is also difficult to get bail. I am disappointed with the ED investigation,”

-Bhattacharya stated in court, adding that the investigative agency lacked evidence against him.

Bhattacharya’s family has also been implicated in the recruitment corruption case, with his wife, Shatarupa Bhattacharya, and son, Shouvik Bhattacharya, both taken into custody. However, while Bhattacharya had been denied bail, his wife was granted bail by the High Court and his son by the Supreme Court.

Despite his family’s release, Bhattacharya remained in jail. His legal team has contended that the charges against him do not warrant prolonged detention, citing insufficient evidence presented by the ED.

Timeline of Events

Bhattacharya was arrested on October 11, 2022, following an investigation by the ED into corruption allegations in the recruitment of teachers. He had served as the chairman of the West Bengal Board of Primary Education, a position from which he was alleged to have been involved in manipulating the hiring process for personal gain.

Over the last several months, the case has taken various twists and turns, with Bhattacharya repeatedly applying for bail and the ED countering with claims of continued investigation. The High Court hearing for Bhattacharya’s bail concluded on August 29, 2023, but Justice Ghosh had postponed the decision until Thursday, when the verdict was finally announced.

“Manik got bail 23 months after his arrest,”

– remarked an insider close to the case.

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author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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