How long can Partha be kept in jail: SC questions ED over low conviction rate

PTI, NEW DELHI, NOV 27: The Supreme Court on Wednesday questioned the ED over the low rate of convictions in money laundering cases, wondering for how long former West Bengal minister Partha Chatterjee, arrested over alleged irregularities in academic staff recruitment in the state, could be kept in jail.

A bench of Justices Surya Kant and Ujjal Bhuyan said Chatterjee has been incarcerated for over two years and the trial in the case was yet to commence.

"What will happen if we don't grant bail? Trial is yet to commence, there are 183 witnesses in the case. Trial will take time... How long can we keep him? That is the question. Here is a case where more than two years have gone. How to strike a balance in such a case?" the bench asked Additional Solicitor General S.V. Raju, representing the ED. The apex court remarked it also couldn't ignore that the allegations against the former minister were serious in nature and asked: "Mr. Raju, if ultimately he is not convicted, what will happen? Waiting for 2.5-3 years is not a small period. What is your conviction rate? Even if the rate is 60-70 percent, we can understand. But it is very poor."

Appearing for Chatterjee, senior advocate Mukul Rohatgi said the former minister was arrested on July 23, 2022, and was in jail since then, adding the 73-year-old former minister was suffering from medical conditions. Rohatgi submitted there was no likelihood of the trial reaching completion in the near future as there were 183 witnesses and four supplementary prosecution complaints. Rohatgi argued Chatterjee had already undergone over one-third of the maximum punishment under the Prevention of Money Laundering Act, which attracted seven years' imprisonment.

Raju vehemently opposed the bail plea and said the minister was involved in "rampant corruption," which affected more than 50,000 candidates. Chatterjee, said the ASG, was not entitled to bail as he was "very influential" and may tamper with the witnesses if released. Raju accused the former minister of manipulating doctors to get favorable medical certificates and submitted that co-accused Arpita Mukherjee had stated that the money belonged to the applicant.

The bench asked Rohatgi to submit details about the custody undergone by Chatterjee in the connected CBI cases, and the matter was adjourned to December 2.

The Supreme Court in October issued a notice to the ED on the appeal filed by Chatterjee against an April 30 Calcutta High Court order denying him bail on the ground that a prima facie case was established against him under the PMLA. Chatterjee was arrested in connection with the alleged irregularities in the recruitment of teaching and non-teaching staff in West Bengal government-sponsored and aided primary schools.

The politician and his alleged close aide Mukherjee were arrested by the ED in connection with its probe into the money trail in the alleged illegal recruitments. The ED claimed to have recovered Rs 49.80 crore in cash, apart from jewellery, gold bars from flats owned by Mukherjee, besides documents of properties and a company in joint holdings. Mukherjee was given conditional bail in the case on Monday.

Following his arrest, Chatterjee was relieved of his ministerial duties by the Mamata Banerjee government, while the TMC also removed him from all party posts, including secretary general.