The Supreme Court, on November 26, 2024, raised concerns over extended incarceration without trial while hearing the bail petition of former West Bengal Education Minister Partha Chatterjee in a money laundering case. The case is tied to allegations of bribery in the recruitment of Assistant Primary Teachers in West Bengal. The bench, comprising Justice Surya Kant and Justice Ujjal Bhuyan, acknowledged the delay in the trial and the challenges posed by prolonged pre-trial detention.
Senior Advocate Mukul Rohatgi, representing Chatterjee, argued that the 73-year-old has been in custody since July 23, 2022, amounting to over 2.5 years, and the trial shows no signs of an early conclusion. Highlighting the presence of 183 witnesses and four supplementary complaints, Rohatgi contended that Chatterjee has already served more than one-third of the maximum sentence prescribed under the Prevention of Money Laundering Act (PMLA). He referred to Section 479 of the BNSS 2023, which allows bail to undertrials after serving one-third of the maximum sentence, and cited the Supreme Court’s Najeeb judgment on prolonged incarceration as grounds for granting bail.
Rohatgi also emphasized the lack of direct recovery from Chatterjee, stating that co-accused Arpita Mukherjee, who was granted bail recently, named Chatterjee under coercion. Responding to these arguments, Justice Surya Kant remarked that keeping money at one’s residence is not the only indicator of culpability. However, the bench questioned the Enforcement Directorate’s (ED) low conviction rates and the implications of prolonged pre-trial custody.
Additional Solicitor General (ASG) SV Raju, representing the ED, highlighted the gravity of the scam, alleging widespread corruption that affected over 50,000 candidates. He argued that Chatterjee’s influential position could intimidate witnesses and hinder the trial process. The ASG also stated that Chatterjee has been arrested twice in the connected CBI investigations and is currently in their custody, making Section 479 of BNSS inapplicable.
Justice Ujjal Bhuyan expressed skepticism over the ED’s conviction rate, questioning its efficiency in prosecuting cases. While the bench indicated an inclination to grant interim bail on an experimental basis, the hearing was adjourned to December 2, 2024, to gather more details on Chatterjee’s judicial and police custody in both ED and CBI cases.
This case underscores the judiciary’s effort to strike a balance between safeguarding individual rights and ensuring effective prosecution in cases of significant public interest.
Case Title: Partha Chatterjee v. Directorate of Enforcement
Case Number: SLP(Crl) No. 13870/2024
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