Today, On 18th August, In the cash-for-jobs case, the Supreme Court ordered the release of former West Bengal minister Partha Chatterjee, observing, “Prolonged incarceration would amount to a travesty of justice,” after noting that key witness statements had already been recorded.
New Delhi: The Supreme Court ruled that former West Bengal Education Minister Partha Chatterjee should be granted bail in connection with the CBI’s alleged cash-for-jobs scandal, contingent upon the trial court recording statements from key witnesses.
A Bench comprising Justices MM Sundresh and NK Singh specified that these statements must be documented within two months.
The Court made this decision after observing that Chatterjee had been incarcerated for nearly three years, and his continued detention would constitute a “travesty of justice.”
The Court pointed out that the accused persons have been behind bars for a very long time.
It observed,
“The appellants have remained in custody for nearly three years.”
The judges made it clear that when the investigation has already been completed and a chargesheet has been filed, then keeping the accused in jail for such a prolonged period is not fair.
The Bench said that,
“Prolonged incarceration, particularly when investigation is complete and the chargesheet has already been filed, would amount to a travesty of justice.”
The Court also approved bail for Subiresh Bhattacharya and Shantiprasad Sinha, who both held roles in West Bengal’s educational institutions during the time of the alleged illegal hiring practices.
Additionally, the Bench mandated that charges be framed within four weeks under the Prevention of Corruption Act (PC Act) against public servants for whom sanction has been granted under the PC Act and the Indian Penal Code (IPC).
However, for those accused lacking such sanction, charges will only be framed for IPC violations.
This case involves recruitment irregularities that allegedly occurred while Chatterjee served as West Bengal’s education minister. He was also overseeing other ministerial responsibilities when arrested in 2022 but was subsequently dismissed from the State Cabinet and suspended from the TMC shortly thereafter.
His bail request was denied by the Calcutta High Court in December 2024, leading to the present appeal before the Supreme Court. The Central Bureau of Investigation (CBI) claims that Chatterjee was the mastermind behind the scam, manipulating the recruitment process within the West Bengal Central School Service Commission (WBSSC) and the West Bengal Board of Secondary Education (WBBSE).
Senior Advocate MS Khan represented Partha Chatterjee, while Senior Advocates Siddharth Mridul and Pramod Kumar Dubey, along with advocates Vivek Jain, Rupraj Banerjee, and Prachi Dubey, represented Subiresh Bhattacharya. Additional Solicitor General SV Raju appeared for the CBI.
Chatterjee was arrested in July 2022 and was later dismissed from both his ministerial role and the Trinamool Congress following significant revelations in the case.
In opposing Chatterjee’s bail application, the CBI contended that he was the “mastermind” of the scam, claiming he planned a systematic manipulation of the recruitment processes within the West Bengal Central School Service Commission (WBSSC) and the West Bengal Board of Secondary Education (WBBSE).
The agency stated that key appointments to important statutory roles, including Secretary, President, and Chairman, were made selectively and required Chatterjee’s approval.
Additionally, the CBI alleged that Dr. Sharmila Mitra, the then Chairperson of WBSSC, was unlawfully removed and replaced by Prof. Saumitra Sarkar based on a handwritten bio-data.
The CBI expressed concerns that Chatterjee, who held the education portfolio for over ten years, still possesses significant political clout, arguing that his release could result in evidence tampering or witness intimidation in the ongoing investigation.