SC defers bail to Partha Chatterjee till trial judge frame charges, vulnerable witnesses testify

Partha Chatterjee will be released on February 1, subject to trial court framing charges.

The Supreme Court on Friday (December 13, 2024) took a novel approach by allowing bail to former West Bengal Education Minister Partha Chatterjee in a money-laundering case related to a cash-for-jobs scam, but deferring its operation till February 1, 2025, giving the trial court time to frame charges and record the statements of vulnerable witnesses to avoid the prospect of a “failed trial”.

The judgment by a Bench of Justices Surya Kant and Ujjal Bhuyyan struck a balance between the settled principle that an undertrial cannot be incarcerated indefinitely and the need for a speedy and fair trial in which the witnesses give their testimonies without any fear or favour.

The 75-year-old Mr. Chatterjee has been in custody for the past 2.5 years since his arrest on July 23, 2022.

The court noted that the case concerns allegations of laundering of bribes taken by the Minister from undeserving candidates at the cost of thousands of meritorious aspirants. The Directorate of Enforcement (ED) had argued in court that over 50,000 deserving candidates were deprived of their livelihoods because they did not have money to pay bribes. The Bench highlighted that the allegations against the Minister raised concerns about the societal harm caused when the integrity of public institutions come under the lens.

The Bench tasked the trial court to pronounce its order on the framing of charges in the money laundering case before the commencement of winter vacations or at latest by December 31, 2024.

The apex court directed the Special Judge to record the statements of vulnerable prosecution witnesses and those who apprehend threats to their lives, including Mr. Chatterjee’s aide Arpita Mukherjee who had allegedly stated that the money recovered from her actually belonged to the former Minister. The Bench said these statements must be recorded between the second and third week of January. In case of delay, the recording of statements must be completed in the third or fourth week.

The court said Mr. Chatterjee could be released earlier than February 1 if the trial court completes its tasks before schedule.

The Bench ordered Mr. Chatterjee to fully cooperate with the trial court and investigation of the Directorate of Enforcement (ED) in the money laundering case.

The judgment assured that the former Minister would be given opportunity to challenge the trial court order framing charges in case he is aggrieved by it.

The top court said Mr. Chatterjee must not be appointed to any public office but would continue only as a Member of the Legislative Assembly. The court clarified that the bail judgment concerned only the ED case. The court said it has not said anything on the merits of any cases, including the one registered by the CBI.

Mr. Chatterjee is currently in CBI custody in the predicate offence connected to the alleged scam. Additional Solicitor General SV Raju had argued in court that Mr. Chatterjee would not be set out at liberty even if he gets bail in the ED case.

Published - December 13, 2024 11:27 am IST