Cal HC pained at delay in grant of sanction to prosecute school jobs case accused persons

The court acknowledged the corruption allegations against the accused and the filed chargesheet, emphasizing the automatic nature of the grant. The court held the delay a "violation of orders" and an attempt to "subvert the criminal prosecution.

PTI, Kolkata, 2 May 2024 : The Calcutta High Court expressed dismay over the delay in granting sanction to prosecute former officials in the 2016 West Bengal school jobs case. Despite directing the decision by May 2, the state requested seven more weeks, which the court deemed "wilful delay."

The court acknowledged the corruption allegations against the accused and the filed chargesheet, emphasizing the automatic nature of the grant. The court held the delay a "violation of orders" and an attempt to "subvert the criminal prosecution." The accused were seen as too powerful to allow for a fair trial, raising concerns about institutional support and prosecution viability.

he Calcutta High Court on Thursday expressed ''pain'' at the prolonged delay by the West Bengal chief secretary in deciding on the grant of sanction to prosecute former public servants arrested by CBI in the 2016 school jobs case.

The high court on April 23 directed the top official to decide on the matter by May 2 in the case. During the day, the state government prayed for seven weeks to decide on granting the sanction. The court termed it a ''wilful delay'' and said a sanctioning authority ''cannot hold prosecution to ransom'' by dragging its feet on taking a decision on sanction for prosecution.

Stating that it is pained at the delay despite repeated directions by it and setting guidelines on the issue of granting sanction to the chief secretary, a division bench presided by Justice Joymalya Bagchi said that it will hear out the parties and take a decision on bail applications by the accused persons on Friday.

Former West Bengal minister Partha Chatterjee, one of the accused in custody, moved a bail application before the court along with other ex-public servants who were arrested in the case.

The chief secretary, through the state's advocate general, prayed for seven weeks' time to take a decision on the application for sanction by the CBI.

Maintaining that the accused persons were public servants and that there is an allegation of corruption against them and a chargesheet has been filed, the court said that it is an automatic course to take a decision on grant of sanction.

The bench said the court is being constrained to take a harsh view of it.

Advocate General Kishore Dutta submitted that this court should not have gone into the question of sanction as the issue to be decided in this matter is bail applications by the accused persons.

Holding that the matter before it is definitely whether the accused persons are enlarged on bail or not, the court said, ''If it comes to our light that a particular agency is subverting the process of criminal justice, will the court turn a blind eye?'' Stating that constitutional democracy moves on trust, the bench said that this is not an expected stance of a constitutional democracy.

''We are constrained to observe that this has been a wilful effort not only to violate our orders, but suffered the administration of criminal justice,'' the bench said.

The court said that it will be a relevant consideration for deciding the bail applications that there are roadblocks creating hindrances to trial.

Maintaining that it is an ''institutional conspiracy'', the court said that the accused persons seemed to be too powerful to subvert the criminal prosecution. The court said that it is ''really apprehensive whether the wherewithal and institutional support for a fair trial is possible here.'' Stating that it is up to the prosecuting agency to take a call on that, the court said that it feels extremely distressed.

On April 9 also, the bench expressed its displeasure over the delay in grant of sanction and directed the chief secretary to take a decision by April 23.

The CBI had stated before the court during a previous hearing of the matter that the governor of West Bengal had granted sanction to prosecute former minister Partha Chatterjee.

The division bench is jointly hearing the bail prayers of the state's former Education minister Partha Chatterjee, former secretary of West Bengal School Service Commission Ashok Saha, former SSC chairman Subires Bhattacharyya and former chairman of SSC's advisory committee Santi Prasad Sinha, who are in custody for about two years in connection with the case.

The Calcutta High Court on Thursday expressed "pain" at the prolonged delay by the West Bengal Chief Secretary in deciding on the grant of sanction to prosecute former public servants arrested by CBI in the 2016 school jobs case.

Maintaining that the accused persons were public servants and that there is an allegation of corruption against them and a charge sheet has been filed, the court said that it is an automatic course to take a decision on grant of sanction. The bench said the court is being constrained to take a harsh view of it.

Advocate General Kishore Dutta submitted that this court should not have gone into the question of sanction as the issue to be decided in this matter is bail applications by the accused persons. Holding that the matter before it is definitely whether the accused persons are enlarged on bail or not, the court said, "If it comes to our light that a particular agency is subverting the process of criminal justice, will the court turn a blind eye?"

Stating that constitutional democracy moves on trust, the bench said that this is not an expected stance of a constitutional democracy. "We are constrained to observe that this has been a wilful effort not only to violate our orders, but suffered the administration of criminal justice," the bench said. The court said that it will be a relevant consideration for deciding the bail applications that there are roadblocks creating hindrances to trial.