SC grants conditional future bail to Partha in cash-for-jobs 'scam'

PTI, NEW DELHI, DEC 13: In an innovative approach, the Supreme Court on Friday granted conditional future bail to former West Bengal minister Partha Chatterjee, who has been in jail in connection with a money-laundering case related to the alleged cash-for-jobs scam in the state, and expedited the trial.

Chatterjee, who has been suspended from the Trinamool Congress (TMC), will not come out of jail as he has also been arrested in other cases related to the scam. He has been named as an accused in eight cases—three being probed by the Enforcement Directorate (ED) and five by the Central Bureau of Investigation (CBI).

A bench of Justices Surya Kant and Ujjal Bhuyan said: "The petitioner shall thereafter be released on bail on February 1, 2025, subject to his furnishing bail bonds to the satisfaction of the trial court."

The court noted that Chatterjee was arrested by the ED on July 22, 2022, and stated it cannot be "oblivious to the settled principles that a suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention."

"The court would, nevertheless, ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial," the court added.

Striking a balance between various considerations and without expressing any opinion on the merits of the allegations, the bench granted conditional future bail to Chatterjee.

Recording that the chargesheet has been filed by the ED in the money-laundering case involving Chatterjee, but charges are yet to be framed, the bench directed the trial court to decide on framing charges before the commencement of the winter vacations or by December 31.

The bench also directed the trial court to fix a date within the second and third weeks of January for recording the statements of key prosecution witnesses, particularly those deemed most material or vulnerable. Justice Surya Kant, who penned the verdict on behalf of the bench, noted that these witnesses, especially those who have expressed apprehension of danger to their lives, should be examined on the specified dates.

The bench directed Chatterjee and his counsel to fully cooperate with the trial court for the recording of these witnesses' statements. "The witnesses will be examined without prejudice to the appellant's right to challenge the decision on framing of charges if the decision is adverse and if he is so aggrieved. However, upon such a challenge, no stay on the trial shall be granted," the court added.

If unforeseen circumstances delay the examination of witnesses, the bench allowed the trial court to complete the process in the third and fourth weeks of January.