The Supreme Court Today (Nov 29) granted bail to Trinamool Congress (TMC) leader Kuntal Ghosh, who has been in custody since January in connection with the Central Bureau of Investigation’s (CBI) high-profile cash-for-jobs recruitment scam case. The apex court has imposed stringent conditions on Ghosh’s release, including a prohibition on holding any public office until further notice.
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NEW DELHI: The Supreme Court today granted bail to Trinamool Congress (TMC) leader Kuntal Ghosh, who has been in custody since January in connection with the Central Bureau of Investigation’s (CBI) high-profile cash-for-jobs recruitment scam case.
The apex court has imposed stringent conditions on Ghosh’s release, including a prohibition on holding any public office until further notice.
Advocate MS Khan, appearing for Ghosh, submitted two orders of the trial court to buttress his argument that the trial will not be completed in the near future as the CBI is yet to file the final charge sheet in the case.
Case Details and Bail Conditions
A bench comprising Justices Surya Kant and Ujjal Bhuyan presided over the matter. Justice Surya Kant highlighted the ongoing complexities of the investigation, stating that while the prosecution intends to examine a total of 183 witnesses, the probe remains incomplete.
Justice Kant remarked,
“The petitioner, a prominent leader of the ruling political party, is accused of being involved in a well-planned conspiracy. He allegedly created a fake website resembling the official one, displaying false recruitment results for primary teachers. It is claimed that the petitioner collected bribes from ineligible candidates, with one co-accused alone gathering over 4 crores from 141 candidates, which were subsequently diverted to the petitioner.”
Delay in Investigation and Practical Concerns
Justice Kant further observed that despite efforts to proceed, the investigation’s prolonged nature is causing unnecessary delays. He emphasized the need for a pragmatic approach to ensure justice is served without allowing procedural delays to jeopardize the accused’s rights.
He noted,
“The petitioner was arrested on 20.02.2023 and has been in custody since then. He is also accused in an ED case, in which the Calcutta HC granted him bail. Regarding the CBI case, the chargesheet was filed on 16.01.2024, but it was incomplete, as no documents were included. The special judge directed the investigation agency to submit all relevant documents for the court to consider cognizance. On 23.07.2024, the court noted that the investigation was still ongoing, making it impossible to begin the trial, and charges could not be framed.”
Justice Kant also acknowledged the challenge of balancing the rights of the accused with the investigation’s progress, stating that the legal proceedings could extend for years, warranting a realistic perspective on the case’s timeline.
Implications of the Ruling
The bail order for Kuntal Ghosh underscores the judiciary’s emphasis on timely justice and the importance of upholding the rights of the accused during prolonged investigations. However, the restrictions placed on Ghosh’s public engagements indicate the court’s intent to ensure that the legal process remains unhindered.
This case, involving allegations of conspiracy, forgery, and corruption, remains a focal point in discussions about political accountability and the efficiency of investigative agencies. The Supreme Court’s observations also highlight systemic issues, urging stakeholders to address procedural delays in high-profile cases.
This decision sets a precedent for balancing investigative thoroughness with the accused’s constitutional rights, as the legal community and public alike await the next developments in this ongoing case.
CASE TITLE:
KUNTAL GHOSH Vs CENTRAL BUREAU OF INVESTIGATION | SLP(Crl) No. 13352/2024
PREVIOUSLY IN CALCUTTA HC
The Calcutta High Court on Wednesday (21 November 2024) granted conditional bail to Kuntal Ghosh, a former Trinamool Congress (TMC) youth leader and a key accused in the West Bengal primary school recruitment scam. Ghosh, who was arrested by the Enforcement Directorate (ED) on January 21, 2023, remains in jail as a separate case filed by the CBI is still pending adjudication.
Justice Suvra Ghosh, who presided over the bail hearing, directed that Ghosh be granted bail upon furnishing a bond of Rs 10 lakh. The court laid out the following strict conditions for his release:
- Surrender of Passport: Ghosh must hand over his passport to the trial court.
- Court Appearances: Mandatory attendance at all court hearings is required.
- No Evidence Tampering: The accused must not intimidate witnesses or tamper with evidence.
- Contact Information: Ghosh must provide his mobile phone number to the trial court and notify any changes to it in advance.
The court warned that any violation of these conditions would empower the trial court to revoke his bail.
Kuntal Ghosh is accused of extracting large sums of money from aspiring teachers who failed to qualify for the Teachers Eligibility Test (TET) in exchange for jobs in government schools. Allegations include his active involvement in the illegal recruitment process for:
- Primary and upper primary teachers.
- Assistant teachers for classes 9 to 12.
- Group-D staff under the West Bengal government.
Another co-accused, Tapas Mondal, claimed during the investigation that he paid Ghosh nearly Rs 20 crore as proceeds of the crime. Ghosh is also alleged to have received scam money in his bank account even after his arrest, according to the ED.
Ghosh cited the release of co-accused Manik Bhattacharya, a former TMC MLA, and Tapas Mondal to bolster his bail plea. Bhattacharya, who was the president of the state primary education board, was arrested in October 2022 and granted bail in September 2024. Similarly, Mondal, who spent nearly 600 days in custody, was released in October 2024.
While opposing the bail plea, the ED highlighted the continued inflow of illicit money into Ghosh’s account. However, Justice Suvra Ghosh noted the following factors in favor of granting bail:
- The prolonged detention of the accused since January 2023.
- Completion of the investigation while the trial is yet to commence.
This decision reflects the court’s consideration of the fundamental right to personal liberty alongside the need for strict adherence to legal procedures.
The bail order underscores the judiciary’s balancing act between safeguarding individual rights and addressing allegations of systemic corruption. While the investigation into the recruitment scam has concluded, the pending CBI case and trial proceedings will determine the ultimate fate of Kuntal Ghosh and other accused in this high-profile case.
Click Here to Read Previous Reports on TMC Youth Leader Kuntal Ghosh
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