“On the face of it you are a corrupt person. Crores of rupees recovered from your premises,” the Supreme Court said on Wednesday, arresting former West Bengal minister Partha Chatterjee in an alleged cash-for-work scam in the state.
A bench of Justices Surya Kant and Ujwal Bhuyan, while reserving its verdict on Chatterjee’s bail plea, questioned the Enforcement Directorate (ED) about his continued detention, saying he cannot be kept there indefinitely.
“On the face of it you are a corrupt person. Crores of rupees recovered from your premises. What message do you want us to give to the society? Can that corrupt person get bail like this? The bench told senior advocate Mukul Rohatgi, appearing for Chatterjee.
Rohatgi said that apart from his client, all other co-accused in the case were granted bail, last a week ago.
“Not everyone was a minister Mr. Rohatgi. You were at the top. You cannot find parity with others. Yes, you can question the delay in investigation and the role of prosecution but not the merits of the case,” the bench told Rohatgi.
Additional Solicitor General SV Raju, appearing for the ED, said even if Chatterjee was granted bail in the case, he would not be out of jail as he also faced CBI cases.
Rohatgi objected to Raju’s statement and said: “It is as if he has taken great sadistic pleasure. Whatever happens in other matters is my quest. I have to start somewhere. What kind of argument is he making? I have been inside for 2.5 years.” Justice Kant asked Raju how much time the agency would need to complete the investigation as the court had to balance the powers.
Rohatgi said the money was recovered from the company’s premises and not from his client.
The bench said that Chatterjee had actual control of the company and the properties were purchased in his and Arpita Mukherjee’s joint names.
After becoming a minister, he kept the dummy. First you control yourself. The case is dated 2022. You were a minister, you did not order an inquiry against you. It was only because of judicial intervention that the investigation was started. It is alleged that Rs. 28 crores have been extorted. Of course, such a huge amount was not kept in the residence,” the bench told Rohatgi.
The court needs to examine whether her release will affect the investigation and the conditions imposed, as she cannot be held indefinitely.
‘The client was in his seventies’
Rohatgi said his client was in his seventies and collapsed even during court proceedings.
“Some conditions may be imposed such as he not entering the area or staying elsewhere,” said the senior lawyer.
After hearing the arguments of both sides, the bench reserved its order.
On November 27, the Supreme Court questioned the ED’s low conviction rate in money laundering cases, wondering how long the former West Bengal minister could be kept in jail.
In October, the apex court issued a notice to the ED on an appeal filed by Chatterjee against the Calcutta High Court’s April 30 order which had denied him bail on the grounds that a prima facie case had been established under the PMLA.
Chatterjee was arrested for alleged irregularities in the recruitment of teaching and non-teaching staff in government-sponsored and aided primary schools in West Bengal.
The politician and his alleged close aide Mukherjee were arrested by the ED in connection with the money trail probe into the alleged illegal recruitment.
The ED claimed to have recovered Rs 49.80 crore in cash, apart from jewellery, gold bars from a flat owned by Mukherjee, property documents and a joint holding company.
After his arrest, Chatterjee was relieved of his ministerial post by the Mamata Banerjee government, while the TMC removed him from all party posts, including that of general secretary.