Partha Chatterjee seeks bail in recruitment scam, SC delays hearing until Monday

Former West Bengal Minister Partha Chatterjee has filed a bail application before the Supreme Court in connection with the ongoing recruitment scam investigation. Chatterjee, who has been in judicial custody for nearly 28 months, was arrested in July 2022 by the Enforcement Directorate (ED) as part of their probe into alleged irregularities in the recruitment of teachers and other government employees in West Bengal. The investigation, which began in 2021, has involved several high-profile individuals, including Chatterjee and his close associate, Arpita Mukherjee.

Chatterjee faces charges related to financial fraud, corruption, and abuse of power. The ED has alleged that Chatterjee used his political position to influence the recruitment process in exchange for bribes. In addition to Chatterjee, Mukherjee was also arrested, with the ED claiming to have recovered large sums of cash and other assets from her residence. Mukherjee was granted bail by the trial court earlier this week. Shantanu Bandyopadhyay, another accused in the case, was granted bail on Tuesday.

In his petition before the Supreme Court, Chatterjee's lawyer, senior advocate Mukul Rohatgi, argued that his client had been in jail for more than two years without a trial, and thus, according to Indian law, was entitled to bail. Rohatgi pointed out that financial fraud charges typically carry a maximum sentence of seven years, and under the law, an accused is entitled to bail after serving one-third of the maximum sentence if the trial has not concluded. Since Chatterjee has already spent over two years in custody, Rohatgi argued that his client should be granted bail.

Rohatgi also highlighted that no cash or assets were recovered from Chatterjee's residence, unlike Mukherjee, from whose house the ED had seized large sums of money. The defense contended that the evidence against Chatterjee was less substantial compared to that against Mukherjee, who had already been granted bail by the trial court.

The Enforcement Directorate opposed the bail plea, arguing that Chatterjee’s release would pose a risk of tampering with evidence and influencing witnesses. The ED also referred to a statement made by Arpita Mukherjee, in which she allegedly expressed fear of Chatterjee. The prosecution contended that Chatterjee's release could obstruct the investigation, as he is considered a key figure in the case.

The bench of Justices Suryakant and Ujjwal Bhuia heard the arguments and sought more information from the ED and the Central Bureau of Investigation (CBI). The judges asked the agencies to provide details about how long Chatterjee had been in their custody and to clarify the reasons for the timing of his arrest. The Supreme Court has adjourned the hearing until Monday, directing the agencies to submit the requested information by then.

The case, which involves numerous accused individuals, has drawn attention due to the political connections of those involved, particularly Chatterjee, who was a senior minister in the state government. The recruitment scam has been the subject of ongoing investigations, with the ED and CBI examining the role of various public officials and private individuals in the alleged scheme. The charges suggest a widespread pattern of corruption in the recruitment of teachers, with bribes allegedly exchanged for jobs.

Chatterjee's legal team has also raised concerns about the length of time the trial is taking, pointing out that the case has yet to reach trial even after more than two years. The court will consider the length of detention, the progress of the investigation, and the nature of the charges when deciding on Chatterjee's bail application. The Supreme Court's next hearing on the matter is scheduled for Monday, and further developments in the case are expected as the investigation continues.