The Supreme Court on Friday set a time-line for the framing of charges and recording of the statements by the material witnesses in the trial of former education minister and the Trinamul Congress leader Partha Chatterjee in an alleged money laundering case relating to irregularities in the appointment of teachers and other staff in the state-run schools and granted bail, with release to be effective on or before 1 February 2025.
Directing the framing of the charges before the commencement of the winter vacations and/or before 31 December, whichever is earlier, a Bench of Justice Surya Kant and Justice Ujjal Bhuyan said that thereafter the trial court “shall” fix a date within the second and third week of January 2025 for recording the statements of the prosecution witnesses who are “material or vulnerable” apprehending threat to their lives.
Further, the top court said that all the witnesses, especially those who have expressed apprehension of danger to their lives ~ who might be two or three ~ will be examined on these dates as well.
In the event, due to unforeseen circumstances, the examination of these witnesses is not completed on the dates fixed in the second and third week of January, the top court said that the trial court may do so in the third and the fourth week of January 2025.
The top court barred Partha Chatterjee from being appointed to any public office ~ except that he shall continue to be a Member of the West Bengal Legislative Assembly ~ during the pendency of trial in the money laundering case being prosecuted by the ED.
Granting bail to Mr Chatterjee to be effective from 1 February 2025, the top court in its order said: “We, however, cannot be oblivious to the settled principles that a suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention. The court would, nevertheless, ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial.”
In case, the top court order said, the trial court is able to frame charges and record the statements of material and vulnerable witnesses – apprehending threat to their lives – including their examination, Partha Chatterjee may be released on bail immediately and prior to 1 February 2025.
The grant of bail to Trinamul Congress leader Partha Chatterjee is subject to conditions that any “attempt to influence or threaten the witnesses, directly or indirectly, shall entail cancellation of the relief of bail.”
Directing Mr Chatterjee to appear before the trial court on every date of hearing, the top court order said that “no unnecessary adjournment shall be sought on his behalf” and if he is “found involved in prolonging the trial, it shall be taken as a valid ground for cancellation of bail.”
Mr Chatterjee was arrested by the ED on 23 July 2022 in following raids at premises linked to his aide, Arpita Mukherjee. The case is also being probed by the Central Bureau of Investigation (CBI).
The case relates to the alleged illegal appointment of unmerited candidates to the posts of primary school teachers, assistant teachers for Class IX-X and Class XI-XII, Group C posts and Group D posts.