‘For Bail, No Association Of All Ministers In The Country’: SC To Partha Chatterjee Citing Bail To Senthil Balaji

A bench comprising Justices Surya Kant and Ujjal Bhuyan reserved its judgment on a bail plea filed by the former TMC leader.

New Delhi:The Supreme Court on Wednesday told former West Bengal Education Minister Partha Chatterjee, citing bail granted to Tamil Nadu minister Senthil Balaji, “just because a minister in Tamil Nadu got bail, you will also get? There is no association of all ministers in the country”.

A bench comprising Justices Surya Kant and Ujjal Bhuyan reserved its judgment on a bail plea filed by the former TMC leader in the money laundering case filed against him in relation to the West Bengal cash-for-jobs scam case.

The bench queried, how could Chatterjee seek parity with other former ministers who have been granted bail in money laundering cases? The bench said, "On the face of it, you are a corrupt person”, and added how does it matter that it took two years to decide bail plea.

"There is nothing for you to claim parity. Just because a minister in Tamil Nadu got bail, you will also get? There is no association of all ministers in the country," observed the bench.

The bench told Chatterjee that he was the minister, while the other co-accused, who got bail, were not, and he cannot claim parity with them either. The bench made it clear to Chatterjee that the question of bail would be decided against the backdrop, whether his release would affect a fair investigation and trial. However, the bench stressed that his incarceration cannot continue forever.

"The only thing we need to examine is if your release will impact the trial ... But we also have to see that it (the imprisonment) cannot be forever...," said the bench.

The bench said if Chatterjee is entitled to bail, then a delay of one day is also too much, and asked the Enforcement Directorate if it could interrogate him in judicial custody.

Justice Bhuyan said it is essential to balance rights as he had been in jail for over two years. On November 27, the apex court slammed the Enforcement Directorate for its poor conviction rate and pointed out that Chatterjee has already been in custody for over 2 years’, and the trial is yet to commence.

Chatterjee was arrested in July 2022 for his alleged involvement in the West Bengal teacher recruitment scam and has since been charged under the Prevention of Money Laundering Act, 2002.

Following his arrest, the West Bengal government relieved him of his ministerial duties, and the Trinamool Congress (TMC) removed him from all party posts, including that of secretary general.