How long can Partha Chatterjee be kept in jail? SC questions ED over low conviction rate

Supreme Court [File Photo]


The Supreme Court on Wednesday questioned the Directorate of Enforcement (ED) over the low rate of convictions in money laundering cases, wondering for how long former West Bengal Education Minister Partha Chatterjee, arrested over alleged irregularities in primary teachers’ recruitment in the state, could be kept in jail.

Pointing to the low conviction rate in the money laundering cases, a bench of Justice Surya Kant and Justice Ujjal Bhuyan noted that the trial is yet to commence and, with 183 witnesses to be examined, will take a long time.

“What will happen if we don’t grant bail? The trial is yet to commence, there are 183 witnesses in the cases. The trial will take time… How long can we keep him? That is the question. Here is a case where more than two years have gone by. How to strike a balance in such a case?” the bench asked Additional Solicitor General SV Raju, who appeared for the ED.

The bench said this as ASG Raju, opposing the bail plea, said that the charges were serious in nature and a huge amount of cash had been seized. Raju told the court that Partha Chatterjee is undergoing judicial custody in another case being probed by the CBI.

At the outset, senior advocate Mukul Rohatgi told the bench that 73-year-old Partha Chatterjee was in jail for nearly 2.5 years, 183 witnesses are in the case and the trial is yet to start.

Noting that the allegations against Partha Chatterjee are serious, the bench sought to know the status of the investigation. ASG Raju said that a chargesheet has been filed in the case.

Adjourning the matter and posting it for December 2, 2024, the court sought to know the period of judicial custody and police custody Partha Chatterjee has undergone. The court asked ASG Raju to obtain clarification on whether Chatterjee was arrested for the second time by the CBI.

The top court was hearing Partha Chatterjee’s bail plea in a case related to the cash-for-jobs scam involving the recruitment of primary teachers.

In July 2022, the Enforcement Directorate arrested former Minister and TMC leader Partha Chatterjee in connection with the West Bengal School Service Commission (SSC) teacher recruitment scam.

Chatterjee was earlier lodged at the Presidency Correctional Home in May this year. The ED had previously recovered over Rs 21 crore in cash from the house of an associate of West Bengal Minister Partha Chatterjee.

TMC subsequently suspended Partha Chatterjee, arrested in the teacher recruitment scam in the state, from the party and removed him from all party posts.

Earlier, the Calcutta High Court had directed the CBI to investigate the recruitment scam involving Group ‘C’ & ‘D’ staff, Assistant Teachers for classes IX-XII, and primary teachers. These cases pertain to the illegal appointment of non-teaching staff (Group C & D) and teaching staff. The ED is investigating the cases under the Prevention of Money Laundering Act, 2002 (PMLA).