Recruitment scam: Supreme Court speeds up trial against TMC's Partha Chatterjee, sets deadline for bail

The Supreme Court on Friday issued directions to expedite the trial against 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]..Notably, the Bench of Justices Surya Kant and Ujjal Bhuyan added that Chatterjee must be released on bail on February 1, 2025. The Court added that if the trial progresses faster than expected and witness examination is concluded before the expected timelines, Chatterjee may be granted bail before February 1. The Court also made it clear that he should not be appointed to any public office, apart from the office of Member of the Legislative Assembly (MLA), while he is out on bail. "The petitioner shall be released on February 1, 2025. If the framing of charges and witnesses are examined before, he shall be released immediately after the same. He shall not be appointed to any public office apart from being a member of the legislative assembly," the Court ordered..The Court passed the order after noting that Chatterjee, who has been in jail for around two years now, cannot be subjected to punitive detention while he is still an undertrial accused. At the same time, the Court also factored in concerns that Chatterjee, being a politically influential person, may influence witnesses if he is released on bail before they are examined by the trial court. "We have held that undertrial incarceration cannot lead to punitive detention. Trial court directed to frame charges before winter vacations begin or December 30, whichever earlier. Statement of all vulnerable witnesses to be examined, appellant (Chatterjee) and counsel to extend full cooperation. Appellant may challenge the framing of charges however the witnesses has to be examined," the Court, therefore, ordered. .In its judgment the top court held that while an accused person’s official status should not be grounds for denying bail, it also cannot constitute a special consideration to grant bail if otherwise no case is made out to provide such relief. "Official positions, regardless of their stature, lose their relevance for the purpose of exercising judicial discretion judiciously," reads the judgment..While reserving judgment in the matter earlier, the Court had earlier orally observed that Chatterjee cannot claim parity with other former Ministers who have been granted bail in money laundering cases.The Court added, at the time, that the question of bail to Chatterjee would hinge upon whether his release would affect a fair investigation and trial..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..Senior Advocate Mukul Rohatgi along with Advocate Misha Rohatgi Mohta appeared for Chatterjee. Rohatgi had argued that the central agencies (CBI, ED) were exhibiting sadistic pleasure in implicating Chatterjee in multiple cases just to keep him in jail.The ED was represented by Additional Solicitor General (ASG) SV Raju who argued against Chatterjee's release on bail. Meanwhile, Chatterjee's bail plea in the CBI case remains pending before the Calcutta High Court, after a Division Bench delivered a split verdict last month..[Read Judgment].[Read Live Coverage]