SC speeds up trial against Partha Chatterjee, sets bail deadline
The Supreme Court has given former West Bengal Education Minister Partha Chatterjee a deadline of February 1, 2025, to be released on bail. It directed the trial court to rule on the framing of charges before December 31, 2024. The court also has to record statements of key prosecution witnesses in January 2025. Chatterjee can be released on bail after these steps. However, he can't remain in custody beyond February 1, 2025.
SC expedites trial, restricts Chatterjee's activities post-release
The Supreme Court bench, comprising Justices Surya Kant and Ujjal Bhuyan, observed that materials indicated a prima facie case against Chatterjee, but undertrial incarceration shouldn't be punitive. The court said Chatterjee could challenge any adverse order on charge framing, but no stay would be granted. On release, Chatterjee can't hold public office but may remain an MLA during the trial.
Ruling by court
"The petitioner shall be released on February 1, 2025. If the framing of charges and witnesses are examined before, he shall be released immediately after the same. He shall not be appointed to any public office apart from being a member of the legislative assembly," the court ordered. At the same time, the court considered concerns that Chatterjee could influence witnesses if he is freed on bail before they are interviewed by the trial court.
Chatterjee's bail petition and concerns over prolonged custody
"Statement of all vulnerable witnesses to be examined, appellant (Chatterjee) and counsel to extend full cooperation. Appellant may challenge the framing of charges however the witnesses has to be examined," the court said. The Enforcement Directorate (ED) arrested Chatterjee in July 2022 in connection with the West Bengal school teachers recruitment scam, following raids on sites linked to his aide, Arpita Mukherjee. The case is also being investigated by the Central Bureau of Investigation (CBI).
Chatterjee's role and seizure of assets highlighted in court
He had approached the court after the Calcutta High Court denied him bail in the money laundering case. During hearings, the court expressed concerns over prolonged custody without trial and low conviction rates by the ED. "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? If it is 60-70%, we can understand. But it is very poor," Justice Bhuyan asked Additional Solicitor General SV Raju.