The Court remarked that if the conviction rate in ED cases was around 60-70%, it would be understandable, but given the low conviction rate, this was concerning. The Court also requested case details from the CBI and ED.
![[Teacher Recruitment Scam] 'How Long He Will Be In Custody Without Trial': Supreme Court Asks ED Regarding Partha Chatterjee's bail](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/11/image-3.jpeg?resize=800%2C465&ssl=1)
NEW DELHI: In the bail plea of former West Bengal Education Minister Partha Chatterjee regarding the money laundering case linked to the West Bengal Cash for School Jobs scam, the Supreme Court raised a significant question to the Enforcement Directorate (ED), asking how long the accused can be kept in custody without trial. Chatterjee has been in jail for over two years and four months.
The next hearing in the case is scheduled for December 2, after which the Supreme Court will issue its bail order.
A bench consisting of Justice Suryakant and Justice Ujjwal Bhuiyan is hearing the petition filed by Chatterjee, seeking bail in the money laundering case involving bribery for the recruitment of assistant primary teachers in West Bengal.
Senior Advocate Mukul Rohatgi, representing Partha Chatterjee, argued that his client has been in custody for over 2.5 years since his arrest on July 23, 2022. He emphasized that Chatterjee, who is 73 years old, is unlikely to see the trial conclude soon, citing the involvement of 183 witnesses and four supplementary prosecution complaints.
Rohatgi noted that Chatterjee has already served more than a third of the maximum sentence under the Prevention of Money Laundering Act (PMLA), which is seven years. He referred to Section 479 of the BNSS 2023, which grants bail to undertrials after serving a third of the maximum sentence, and to the Najeeb case ruling, which allows bail after prolonged incarceration.
Rohatgi also pointed out that other individuals involved in the case, including a woman from whose house money was recovered, were granted bail recently, despite no recovery being made from Chatterjee.
Justice Suryakant responded, noting that people typically don’t store money at their residence, and questioned the Additional Solicitor General (ASG) SV Raju, who represents the Enforcement Directorate (ED), about the status of the trial.
ASG Raju highlighted the seriousness of the case, noting that a major scam had been uncovered, where jobs were being given to unqualified candidates in exchange for bribes. He argued that the case involved “rampant corruption” affecting over 50,000 candidates.
Raju also referred to a statement made by co-accused Arpita Mukherjee, claiming that the money found belonged to Chatterjee, and pointed out the presence of four predicate offences. He contended that Section 479 of the BNSS was not applicable to Chatterjee due to the severity of the crime.
Despite this, the bench expressed concerns about the delay in the trial. “How long can we keep him? That’s the question. More than two years have passed in this case. How do we strike a balance?” Justice Suryakant asked.
Justice Bhuyan raised further concerns, asking what would happen if Chatterjee were ultimately acquitted, noting that waiting for 2.5 to 3 years is not a trivial matter.
He also remarked on the low conviction rates in ED cases, asking,
“What is your conviction rate? If it were 60-70%, we could understand, but it is very poor.” ASG Raju responded that each case should be evaluated individually.
Justice Suryakant expressed concern about the prolonged detention, stating that over 2 years and 4 months have passed, and the hearing process has yet to begin. He acknowledged the seriousness of the charges but questioned the length of time the accused can be kept in jail.
Justice Bhuiyan raised concerns about the potential consequences if Chatterjee is not convicted, asking about the impact of the last three years. He pointed out the low conviction rate in such cases, questioning whether a rate of 60-70% would make prolonged detention justifiable. The Additional Solicitor General (ASG) representing the ED responded that each case should be considered individually.
Previously, the Calcutta High Court had denied Chatterjee bail in April.
Partha Chatterjee, the former education minister, was arrested on July 22, 2022, following an extensive search at his residence. The charges allege his involvement in corruption related to teacher recruitment during his tenure as the Education Minister. Partha filed a bail application in the Calcutta High Court 13 months after his arrest, met with strong opposition from the ED since the beginning.
