Supreme Court: The Division Bench of Surya Kant and N. Kotiswar Singh, JJ. issued notice on former West Bengal Education Minister Partha Chatterjee’s plea for bail in the Central Bureau of Investigation (‘CBI’) case in West Bengal cash-for-jobs scam.
Partha Chatterjee who is currently a Member of the West Bengal Legislative Assembly assailed two decisions of the Calcutta High Court. In Subires Bhattacharya v. CBI, 2024 SCC OnLine Cal 10449 split verdict was delivered by the Division Bench on his bail plea. Later, in Subires Bhattacharya v. CBI, 2024 SCC OnLine Cal 11889, the Single Judge dismissed his bail plea agreeing with Sinha Ray, J.’s opinion who rejected the bail application, holding that the petitioners are persons with political connections having deep roots with the authority which is reluctant to grant sanction to prosecute them. It was observed that in spite of clear direction and undertaking given by the Chief Secretary to the Government of West Bengal, the State did not decide on the issue of sanction and that as such the State was trying to protect the interest of the petitioners.
Previously, the Court granted him bail in ED’s money laundering case.
Background
Partha was a member of the State’s ruling party at the relevant time and held the post of Education Minister. During his tenure, recruitments to various posts of Primary School Teachers; Assistant School Teachers; Group C staff; and Group D staff, took place from time to time. Writ petitions were filed before the Calcutta High Court questioning the legitimacy of the procedures followed in the recruitments. Proceedings were initiated by unsuccessful candidates in the Teachers Eligibility Test (TET) conducted by the West Bengal Board of Primary Education (WBBPE), alleging corrupt practices in the recruitment process of Primary School Teachers.
The High Court directed the Central Bureau of Investigation (CBI) to conduct a thorough investigation into the matter and also to register a case in this regard. Consequently, the CBI registered FIR under Sections 7, 7-A and 8 of the Prevention of Corruption Act, 1988 (PC Act), as well as Sections 120-B, 420, 467, 468, 471 and 34 of the Penal Code, 1860 (IPC), against certain functionaries of the WBBPE. Following the predicate FIR registered by the CBI, ED took cognizance and registered ECIR on 24-06-2022, against the office bearers and a private individual, containing the same allegations as in the CBI Case. On this basis, a prima facie case for the offence of ‘money laundering’ under Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA) was made out. Raids were conducted by the ED at Partha’s premises and his close associates, where cash amounting to Rs. 21.90 crores and gold jewellery amounting to Rs. 76,97,100/- was seized and further searches also led to recovery of Rs. 27.90 crores and gold amounting to Rs. 4.31 from the companies that de facto were stated to belong to Partha, where he had allegedly appointed dummy directors. Subsequently, Partha was arrested by ED on 23-07-2022. The bail applications before the Trial Court, as well as the High Court were rejected.
[Partha Chatterjee v. CBI, SLP (Criminal) No. 2471-2472/2025, decided on: 21-02-2025]
Source: Press
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