![[Recruitment Scam] "Undertrial Incarceration Can't Lead to Punitive Detention": Bengal's Ex-Minister Partha Chatterjee to Be Released on Bail by February 1](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/12/image-11-3.png?fit=820%2C471&ssl=1)
Today, On 13th December, The Supreme Court expedited the trial against TMC leader Partha Chatterjee in the ED’s recruitment scam case. The Court emphasized that the trial must progress swiftly and set February 1 as the deadline for Chatterjee’s bail. If the trial moves faster, bail could be granted earlier. This decision aims to ensure timely justice while balancing procedural fairness.
New Delhi: The Supreme Court directed an expedited trial for Trinamool Congress (TMC) leader Partha Chatterjee in the money laundering case linked to the West Bengal cash-for-jobs scandal.
The Bench, comprising Justices Surya Kant and Ujjal Bhuyan, stated that Chatterjee must be granted bail by February 1, 2025.
However, the Court indicated that if the trial moves faster than anticipated and witness examinations conclude earlier, Chatterjee could be released sooner. It also specified that he should not hold any public office, except as a Member of the Legislative Assembly (MLA), while on bail.
The Court ruled,
“The petitioner shall be released on February 1, 2025. If the framing of charges and witnesses are examined before, he shall be released immediately after the same. He shall not be appointed to any public office apart from being a member of the legislative assembly,”
The Court’s decision was influenced by the fact that Chatterjee has been incarcerated for nearly two years and should not face punitive detention while still an undertrial. However, concerns were raised about his potential influence on witnesses due to his political stature.
The Court ordered,
“Undertrial incarceration cannot lead to punitive detention. The trial court is directed to frame charges before the winter vacations begin or by December 30, whichever is earlier. The appellant (Chatterjee) and counsel must fully cooperate in examining all vulnerable witnesses,”
The Court previously noted that Chatterjee could not claim the same treatment as other former ministers who were granted bail in similar cases, emphasizing that his release would depend on whether it would hinder a fair investigation and trial.
Chatterjee arrested by the Enforcement Directorate (ED) in July 2022 during investigations into recruitment irregularities linked to his tenure as West Bengal’s education minister. Following his arrest, he was dismissed from the State Cabinet and suspended from the TMC.
In April, the Calcutta High Court denied him bail, prompting Chatterjee to appeal to the Supreme Court through Advocate Misha Rohatgi.
Senior Advocate Mukul Rohatgi argued that the central agencies were unjustly targeting Chatterjee to keep him imprisoned, while the ED opposed his bail. Meanwhile, Chatterjee’s bail plea in the CBI case is still pending before the Calcutta High Court after a split verdict last month.
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TMC leader Partha Chatterjee is embroiled in a significant controversy related to a recruitment scam being investigated by the Enforcement Directorate (ED). This case involves alleged irregularities in government job appointments that occurred during his time as West Bengal’s Education Minister, attracting considerable public and political scrutiny.
Recently, the Supreme Court expedited his trial, establishing February 1 as the deadline for his bail, with the possibility of an earlier release if the trial moves swiftly. This situation highlights the judiciary’s commitment to resolving high-profile corruption cases in a timely manner.
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