The Supreme Court Today (Dec 4) reserved its order on the bail application submitted by Partha Chatterjee, a former West Bengal Education Minister and current Member of the Legislative Assembly (MLA). Chatterjee is embroiled in a money laundering case connected to the widely publicized West Bengal cash-for-jobs scam.
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NEW DELHI: The Supreme Court today reserved its decision on the bail petition filed by Partha Chatterjee, a former Education Minister of West Bengal and currently a Member of the Legislative Assembly (MLA). Chatterjee is implicated in a money laundering case tied to the infamous West Bengal cash-for-jobs scam, a matter that has drawn widespread public and media attention.
The hearing was conducted by a bench comprising Justices Surya Kant and Ujjal Bhuyan, who carefully reviewed the arguments presented by the legal representatives.
During the proceedings, Justice Surya Kant made a pointed observation addressing Chatterjee’s counsel, saying,
“There’s no justification for parity, Mr. Rohatgi. Just because a minister in Tamil Nadu got bail doesn’t mean you will too. There is no association of ministers across the country. Thank you.”
This statement highlights the Court’s stance on evaluating bail pleas based on individual merit, without being influenced by unrelated cases or precedents involving ministers from other states.
The remark underscores the judiciary’s commitment to impartiality and case-specific scrutiny, particularly in high-profile cases such as this.
“On the face of it, you are a corrupt person … So what (if) it took two years (to decide bail plea), it can take time … There is nothing for you to claim parity. Just because a minister in Tamil Nadu got bail, you will also get? There is no association of all ministers in the country,”
-the Court orally observed.
The Bench added that Chatterjee should also show restraint before claiming parity with other persons who are already out on bail in the same case.
“You should be a little shy to claim parity with them. They are accused because of you … You were the minister,”
-the Court said.
The Court went on to observe that the question of bail to Chatterjee would hinge upon whether his release would affect a fair investigation and trial.
“The only thing we need to examine is that if your release will impact the trial … But we also have to see that it (imprisonment as an undertrial) cannot be forever… We have to see (whether grant of bail) will obstruct or hamper the investigation … If he is entitled to bail, he is entitled to bail … (in such a case) delay of one day is also too much,”
-the Court said.
The West Bengal cash-for-jobs scam involves allegations of corruption and financial mismanagement, with Chatterjee accused of exploiting his position of power for personal and political gains. Investigative agencies have scrutinized the former minister’s role, linking him to substantial financial irregularities.
The decision on Chatterjee’s bail plea remains eagerly awaited, as it carries significant legal and political implications.
PREVIOUSLY IN APEX COURT
Hearing the bail petition of Trinamool Congress leader and former West Bengal education minister Partha Chatterjee, the Supreme Court (SC) on Wednesday (Nov 27) expressed concerns over the low conviction rate of the Directorate of Enforcement (ED).
“What is your conviction rate? If it is 60-70 per cent, we can understand. But it is very poor,”
-remarked Justice Ujjal Bhuyan during the proceedings.
The top court’s observation came while hearing the bail petition of Partha Chatterjee in a money laundering case linked to bribery allegations in the recruitment of Assistant Primary Teachers in West Bengal.
The Court also raised concerns about the prolonged custody of an accused without trial.
“How long can we keep him? That is the question. Here is a case where more than 2 years have gone. How to strike a balance in such a case?”
-Justice Surya Kant asked the agency.
“If ultimately he is not convicted, what will happen? Waiting for 2.5-3 years is not a small period!”
-the Court said.
SC questions ED’s low conviction rate
In August this year, the SC had flagged the low conviction rate in money laundering cases filed by the ED. Referring to a statement made in the Parliament that
“5,000-odd cases were registered (under PMLA) and conviction was obtained only in 40 cases in 10 years.”
The Court questioned the ‘quality of prosecution and evidence’ garnered in cases related to Prevention of Money Laundering Act.
Split verdict by Calcutta HC in Partha Chatterjee case
Earlier on November 20, a two-judge division bench of the Calcutta High Court delivered a split verdict on the bail application of former West Bengal minister Partha Chatterjee in a case filed by the CBI.
While Justice Arijit Banerjee approved Chatterjee’s bail, Justice Apurba Sinha Roy opposed it citing his ‘influential status’.
During the hearing, Justice Banerjee also emphasised the long custodial detention of Chatterjee and drew attention to the excessive delay in the trial proceedings.
West Bengal teachers recruitment scam
Trinamool Congress leader Partha Chatterjee’s case can be traced to 2014, when West Bengal School Service Commission (SSC) announced a State Level Selection Test (SLST) to recruit teachers for government-run schools.
The recruitment process began in 2016, but was later challenged in the Calcutta High Court against alleged irregularities.
Petitioners claimed that many candidates with lower grades were placed higher on merit list of the recruitment list.
Another recruitment scam investigated
In 2016, the West Bengal government directed the state School Service Commission to hire 13,000 Group-D employees, for government-run and government-aided schools.
The panel tasked with making these appointments expired in 2019. A petition was filed which alleged that over 500 people were appointed after the panel expired.
Later on the order of the Calcutta High Court, an investigation by the Central Bureau of Investigation was launched. The CBI FIR claimed that in the Teachers Eligibility Test (TET) 2014, incorrect questions and answer keys were used to exclude eligible candidates.
The ED later started a parallel investigation into alleged money laundering links to the scam.
Alleged role of Partha Chatterjee in scam
It’s alleged that while serving as the education minister, Partha Chatterjee was actively involved in the scam.
Following his arrest by the ED in 2022, the agency recovered around Rs 50 crore in cash, gold ornaments and foreign currencies from apartments owned by his close associate Arpita Muhkerjee.
Subsequently, the Mamata Banerjee-led Trinamool Congress suspended him from the party and removed him from all the party posts.
Click Here to Read Previous Reports on Partha Chatterjee
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