Calcutta High Court cautions CBI, ED against going soft on School Jobs scam accused

The Calcutta High Court on Monday warned the officers of the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI) of strict action if any of them is found "going soft" on the persons arrested and involved in the infamous 'School Jobs for Cash Scam' [Kuntal Ghosh vs CBI]..A division bench of Justices Joymalya Bagchi and Ajay Kumar Gupta said it cannot tolerate officers colluding with the accused especially after the 'vigilant' judiciary in the State exposed the corruption in the recruitment process. "We will indicate, who are these officers who are going soft on these persons," the Court said. The bench took exception to the fact that Section 7A (taking undue advantage to influence a public servant) of the Prevention of Corruption Act (PCA) was not even invoked by the probe agencies against the accused in the case. "We have seen the competence of the investigating agency. It was the judge who tried to put in section 7A. The probe agency here wasn't aware of this Section, it seems. And it's considered to be premiere anti corruption agency. Set your own house in order first," the Court remarked. It also asked the CBI and ED to emulate countries like Japan and Singapore, where conviction rates in corruption cases are more than 80 per cent. It also said it would ask the higher ups of the probe agencies to look into these issues. "These can't be taking lying down. Only the vigilantism here by the judiciary unraveled the corruption. And now if the probe agencies try to collude with the accused persons that will not be taken lightly. Please indicate to your client's," Justice Bagchi told Deputy Solicitor General (DSG) Dhiraj Trivedi, who appeared for the CBI. The Court was hearing the bail plea filed by Kuntal Ghosh, a former leader of the Trinamool Congress (TMC) party, who has been booked in the scam. .When the matter was called out for hearing on Monday, the advocate representing Ghosh told the bench that there were separate cases filed by the ED and CBI against his client and that in the CBI case, there was no cash recovered from him. However, the Court said that even if there were different cases, the evidence showed cash recovery from him, though in the ED case. This evidence (in ED case) could be used even by the CBI as a circumstantial evidence to prove the 'widespread cheating' by persons involved in the scam, the Court opined.During the hearing, the bench also sought to know why the trial did not commence against any of the arrested accused in the case despite the agencies filing their chargesheets."Start your trial. Don't allow these cases to linger and public memory fade out and the credibility of the entire institution to fight against corruption is put to mockery," Justice Bagchi underscored. The bench further asked the CBI and ED to ensure its conviction rate is enhanced so as to root out corruption. "Whenever there are charges of corruption that must be wrapped up then and there otherwise you will never get a corruption free society. Sound-bytes against corruption do not help. What helps is conviction. You need to have 100 per cent conviction. Whichever country has been succeeded in combating corruption have more than 80 to 90 per cent conviction rate in corruption. Look at Japan, Singapore they have achieved this only because their conviction rates are high. You need to have very high rate of conviction in such cases," Justice Bagchi remarked. .As regards the other accused Niladri Ghosh's bail plea, the bench noted that he had acted as an agent and had obtained ₹2 lakh from a candidate and also refunded the same amount. It however, suggested him to turn approver in the case."Why don't you turn an approver and give details of others working like you? Give evidence against the accused, we will consider giving you (bail)," the bench told the advocate representing Niladri. The matter will be heard again after three weeks.