The Supreme Court has granted conditional bail to Partha Chatterjee, the former West Bengal Education Minister, in connection with the CBI's investigation into the cash-for-jobs scam. A bench of Justices Surya Kant and Ujjal Bhuyan issued the order, stipulating that Chatterjee be released on bail on February 1, 2025, provided the trial court frames charges before the winter vacations and records statements from key prosecution witnesses by January 2025.
Chatterjee, a Member of the West Bengal Legislative Assembly since 2001, was arrested by the Enforcement Directorate (ED) on July 23, 2022, for his alleged involvement in the scam. The ED has been investigating Chatterjee for alleged irregularities in the recruitment of teaching and non-teaching staff in government-sponsored primary schools. Raids conducted at his premises and those of his close associates led to the recovery of approximately ₹49.80 crore in cash, along with jewelry and gold bars.
The Calcutta High Court had previously denied Chatterjee's bail application, finding a prima facie case against him under the Prevention of Money Laundering Act (PMLA). However, the Supreme Court, while hearing Chatterjee's appeal, emphasized the importance of balancing the rights of the accused with the need for a speedy and fair trial. The court noted that an undertrial cannot be held in custody indefinitely and that incarceration should not amount to punitive detention.
The Supreme Court has laid out specific conditions for Chatterjee's release. The trial court must decide on framing charges by December 31, 2024, and then proceed to record statements of prosecution witnesses who are deemed most material and vulnerable in January 2025. Subject to the completion of these steps, Chatterjee can be released on bail on February 1, 2025, upon furnishing bail bonds to the satisfaction of the trial court. The court also clarified that Chatterjee will not be appointed to any public office, although he can continue as a Member of the Legislative Assembly. The bail order specifically pertains to the money laundering case registered by the ED and does not extend to other cases against Chatterjee, including those registered by the CBI.
The Supreme Court has warned Chatterjee against any attempt to influence or threaten witnesses, directly or indirectly, stating that any such action would lead to the cancellation of his bail. The court also emphasized that affluent or influential accused individuals should not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, as these actions would undermine the fundamental doctrine of a fair trial. The bench discussed general principles of bail jurisprudence, saying that the claim of the appellant has to be understood from mitigating circumstances shown along with the impact on thousands of meritorious candidates which showed the larger harm on the society. The court directed the trial court to frame charges before winter vacations begin or December 30, whichever is earlier. The court said the statement of all vulnerable witnesses should be examined and the appellant and the counsel should extend full cooperation.
