The Supreme Court on Friday expedited the trial of former West Bengal Education Minister and Trinamool Congress leader Partha Chatterjee in an alleged money laundering case related to irregularities in the appointment of teachers and other staff in state-run schools. The court set a timeline for framing charges and recording statements of material witnesses and granted him bail, with release effective on or before February 1, 2025.
Directing the framing of charges before the commencement of the winter vacation and/or before 31.12.2024, whichever is earlier, a bench of Justice Surya Kant and Justice Ujjal Bhuyan said that thereafter, the trial court “shall” fix a date within the second and third week of January 2025 for recording the statements of the prosecution witnesses who are “material or vulnerable” apprehending threat to their lives.
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The top court barred Partha Chatterjee from being appointed to any public office, except that he shall continue to be a Member of the West Bengal Legislative Assembly, during the pendency of the trial in the money laundering case being prosecuted by the ED.
Granting bail to Partha Chatterjee, effective from February 1, 2025, the top court in its order said, “We, however, 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.”
Further, the top court said that all witnesses, especially those who have expressed apprehension of danger to their lives — who might be two or three — will be examined on these dates as well.
In case the examination of these witnesses is not completed on the dates fixed in the second and third week of January due to unforeseen circumstances, the top court said that the trial court may do so in the third and fourth week of January 2025.
If the trial court is able to frame charges and record the statements of material and vulnerable witnesses — apprehending threat to their lives — including their examination, Partha Chatterjee may be released on bail immediately, before February 1, 2025.
The grant of bail to Trinamool Congress leader Partha Chatterjee is subject to conditions that any “attempt to influence or threaten the witnesses, directly or indirectly, shall entail cancellation of the relief of bail.”
Directing Partha Chatterjee to appear before the trial court on every date of hearing, the top court order said that “no unnecessary adjournment shall be sought on his behalf” and if he is “found involved in prolonging the trial, it shall be taken as a valid ground for cancellation of bail”.
Partha Chatterjee was arrested by the ED on July 23, 2022, following raids at premises linked to his aide, Arpita Mukherjee. The case is also being probed by the Central Bureau of Investigation (CBI).
The case relates to the alleged illegal appointment of unmerited candidates to the posts of Primary School Teachers, Assistant Teachers for Class IX-X and Class XI-XII, Group C Posts, and Group D Posts.
The trial court rejected his bail plea on August 3, 2023, and the High Court declined it on April 30, 2024. Partha Chatterjee is facing eight cases — three being investigated and prosecuted by the ED and five by the CBI.
