The Supreme Court on Friday granted regular bail to former TMC youth leader Kuntal Ghosh in connection with a corruption case tied to the West Bengal primary school recruitment scam. The decision comes after Ghosh spent 19 months in custody, with the trial showing no signs of concluding soon.
A bench of Justices Surya Kant and Ujjal Bhuyan emphasized that prolonged detention without a foreseeable trial conclusion was against legal principles. “The detention of the accused in custody for an indefinite period will not be in conformity with the settled position in law,” the bench stated.
The court directed Ghosh not to leave West Bengal without prior permission and prohibited him from holding public office or discussing the investigation’s merits in the media. However, the bench clarified that it could not restrict him from holding political posts within his party.
Key Conditions for Bail
- Ghosh must not influence or tamper with evidence.
- He is required to seek court or investigative agency approval before leaving the state.
Advocate M.S. Khan, representing Ghosh, argued that the trial’s delay was evident from trial court orders in January and July, which confirmed the ongoing investigation. Despite Ghosh’s 19-month detention, charges have not yet been framed. The defense also highlighted that the Central Bureau of Investigation (CBI) has not finalized its supplementary chargesheet.
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The CBI, however, argued the severity of allegations against Ghosh, claiming he orchestrated the creation of a fake website mirroring the West Bengal Primary Education Board to post fraudulent recruitment results. The scam reportedly involved collecting crores of rupees from unqualified candidates in exchange for jobs.
Background on the Recruitment Scam
Ghosh is a key figure in the recruitment scam, which allegedly involved selling teaching positions in government schools. The scam came to light after irregularities in the 2014 Teachers Eligibility Test (TET) and other appointments were uncovered. Ghosh was accused of collaborating with former TMC MLA Manik Bhattacharya, who was removed as president of the state primary education board and later arrested by the ED.
The Enforcement Directorate (ED) and CBI have accused Ghosh of:
- Illegally facilitating job appointments in return for large sums of money.
- Collecting nearly ₹20 crore in proceeds of crime, as claimed by co-accused Tapas Mondal.
- Playing a central role in the fraudulent selection of primary and secondary school teachers under the West Bengal government.
Recent Developments
Ghosh was granted bail by the Calcutta High Court on November 20 in a related money laundering case. He was arrested by the ED in January 2023 and subsequently by the CBI in February 2023. Despite ongoing investigations, the Supreme Court’s bail order indicates a shift in handling cases with prolonged custody.
While the CBI plans to file its supplementary chargesheet in December, Ghosh’s release marks a significant moment in the case, highlighting concerns about delayed trials in high-profile corruption cases. Investigative agencies are expected to intensify efforts to collect evidence and bring the case to trial.
This case remains a critical test for judicial efficiency and accountability in tackling large-scale corruption in India.