The Supreme Court on Friday directed the trial court to expedite proceedings in the money laundering case involving Trinamool Congress (TMC) leader Partha Chatterjee, related to the West Bengal school recruitment scam. The Court ruled that Chatterjee, who has been in custody since July 2022, must be released on bail by February 1, 2025, unless his trial concludes earlier.
The Bench of Justices Surya Kant and Ujjal Bhuyan emphasized that undertrial detention cannot amount to punitive incarceration. “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.
Accelerated Trial Proceedings
The Court instructed the trial court to frame charges before December 30, 2024, or before the winter vacations, whichever is earlier. Vulnerable witnesses are to be examined on priority, with Chatterjee and his legal team directed to fully cooperate in the process. While allowing Chatterjee the option to challenge the charges, the Court underlined that such actions should not hinder the examination of witnesses.
ALSO READ: ‘Our MPs will oppose’: Mamata Banerjee calls ‘One Nation, One Election’ Bill ‘anti-federal’
“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,” the Bench stated. Concerns about potential witness tampering due to Chatterjee’s political influence were also acknowledged, prompting strict guidelines for his release.
Background of the Case
Chatterjee was arrested in July 2022 by the Enforcement Directorate (ED) following investigations into alleged irregularities in school teacher recruitment during his tenure as West Bengal’s education minister. Raids linked to his aide, Arpita Mukherjee, reportedly uncovered significant cash and evidence. Chatterjee, who also held other ministerial positions, was subsequently dismissed from the state cabinet and suspended from the TMC.
In April 2023, the Calcutta High Court denied Chatterjee bail, leading him to approach the Supreme Court. Senior Advocate Mukul Rohatgi, representing Chatterjee, accused central agencies like the ED and CBI of pursuing multiple cases against his client to prolong his detention. The ED, represented by Additional Solicitor General SV Raju, opposed bail, citing risks of witness tampering.
Supreme Court’s Stance
While deliberating, the Supreme Court had earlier noted that Chatterjee’s case could not be equated with other former ministers who were granted bail in similar money laundering cases. The Court emphasized that any decision on bail would depend on whether Chatterjee’s release might compromise the fairness of the trial.
Chatterjee’s bail plea in the CBI’s parallel investigation remains unresolved, with the Calcutta High Court yet to deliver a conclusive verdict following a split decision by a Division Bench.
Implications of the Verdict
The Supreme Court’s directives aim to balance the principle of a fair trial with Chatterjee’s right to liberty as an undertrial. However, restrictions on holding public office, except as an MLA, indicate the Court’s recognition of the potential influence wielded by Chatterjee. The expeditious trial timeline also signals a push for judicial efficiency in politically sensitive cases.
As of now, the focus shifts to the trial court’s adherence to the timeline and the continued investigation by central agencies into the West Bengal recruitment scam.
