You can't claim parity with other ministers on bail: Supreme Court to Partha Chatterjee

The Supreme Court on Wednesday reserved its judgment on a bail plea filed by former Trinamool Congress (TMC) leader Partha Chatterjee in the money laundering case filed against him in relation to the West Bengal cash-for-jobs scam case [Partha Chatterjee v. Directorate of Enforcement]..A Bench of Justices Surya Kant and Ujjal Bhuyan added that Chatterjee is not entitled to claim parity with other former Ministers who have been granted bail in money laundering cases."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 Court also asked the Enforcement Directorate (ED) if it could interrogate Chatterjee in judicial custody. The Bench added that the TMC leader cannot be kept behind bars endlessly."It has been two years now ... We have to balance the rights. He cannot kept behind bars endlessly ... As per you (ED) he should suffer 50 percent of the punishment and then only (get) bail?" Justice Bhuyan asked..Partha Chatterjee was arrested by the ED in July 2022 in the West Bengal school teachers recruitment scam following raids at premises linked to his aide, Arpita Mukherjee. The case is also being probed by the Central Bureau of Investigation (CBI).The recruitment irregularities allegedly took place when Chatterjee was West Bengal's education minister. He was holding other ministerial portfolios when he was arrested in 2022, but was sacked from the State Cabinet and suspended from the TMC shortly after his arrest. In April this year, the Calcutta High Court refused to grant bail to the former State minister. This prompted him to approach the Supreme Court for relief by filing an appeal through Advocate Misha Rohatgi. The Supreme Court sought the ED's response in the matter on October 1..Chatterjee's counsel, Senior Advocate Mukul Rohatgi along with Advocate Misha Rohatgi Mohta today argued that the central agencies (CBI, ED) were exhibiting sadistic pleasure in implicating him in multiple cases just to keep him in jail."Everybody in this case is out on bail," Rohatgi added."But everybody was not the education minister," the Court replied.Justice Kant went on to noted that the probe into the recruitment scam case may have been delayed due to Chatterjee's political influence. "It is only after High Court issued directions, it was taken up. Of course, you are the minister and you will not order a probe ... After judicial intervention and central agency probe, all of this (money seized on raids) was uncovered ... The amount recovered is not something people keep in their residences like this ... Unless this is bribe money," the judge observed. .Meanwhile, the ED's counsel, Additional Solicitor General (ASG) SV Raju opposed the grant of bail."A person who is highest rank minister and indulges in corruption of this rank -where thousands of poor did not get jobs, though deserving, and undeserving with money got jobs, cannot be spared. His conduct right from inception, where he feigned illness and High Court came down upon him and witnesses said they are afraid of him. There is tampering also," Raju argued. On a related note, Chatterjee's bail plea in the CBI case filed in the same matter remains pending before the Calcutta High Court, after a Division Bench delivered a split verdict last month..[Read Live Coverage]