Partha Chatterjee's Bail Plea: Supreme Court Questions ED Conviction Rate

SC criticised Enforcement Directorate for its poor conviction rate, and said Chatterjee is in custody for over two years, but trial is yet to commence.

New Delhi:The Supreme Court on Wednesday said that it is very easy for politicians to indulge in all kinds of corruption and claim to be innocent, while hearing the bail petition of former West Bengal education minister Partha Chatterjee in a money laundering case linked to the alleged cash-for-jobs scam.

However, the apex court also criticised the Enforcement Directorate for its poor conviction rate, and pointed out that Chatterjee has already been in custody for over two years, and the trial is yet to commence. The matter came up before a two-judge bench comprising justices Surya Kant and Ujjal Bhuyan. Justice Kant said every case is not malafide and it is very easy for politicians to indulge in corruption and then claim innocence, but pointed out that Chatterjee has already spent over two years’ in jail and trial is yet to commence.

However, Justice Bhuyan criticised ED for its poor conviction rate and asked if he is not convicted then what will happen, and who will pay for the time he had spent in custody. Both CBI and ED have registered cases against Chatterjee in the alleged scam.

During the hearing, Justice Kant said money has been recovered in the case and it is not that every case is malafide. “Very easy for any political person to indulge in all kinds of corruption and claim to be innocent….”, said Justice Kant.

“Would I not be arrested in the CBI case for 28 months,” said Mukul Rohatgi, representing Partha Chatterjee. “If the CBI had registered the case on that very day, then you say look at the tearing hurry. They had already made up their mind to do.….”, said Justice Surya Kant.

Rohatgi insisted that this timing, CBI arresting his client, is suspect. The bench was informed that CBI registered the case in the matter on June 9, 2022, and the central agency arrested Chatterjee on October 1, 2024. “They must have taken you in custody from ED for the purpose of interrogation”, said the bench.

The bench was informed that he is currently in judicial custody. Additional solicitor general S V Raju, representing the Enforcement Directorate, said this is the second arrest and there is more than one case in CBI, and he was arrested once in October 2022 by CBI. “This is the second. I need to get those facts as I am not representing the CBI now…” said Raju. After hearing submissions, the bench decided to take up the matter on Monday.

At the beginning of the hearing, Rohatgi argued that his client had been in the jail for over two years’ and there was no likelihood of an early completion of the trial, given that there are several witnesses. Rohatgi vehemently argued that his client has already undergone more than one-third of the maximum punishment under the Prevention of Money Laundering Act, which has 7 years’ imprisonment. He said the lady from whose house money was recovered and who named the petitioner was also granted bail recently, and no recovery made from his client.

The bench orally remarked that he is not going to keep money at his residence, and asked Raju about the status of the trial. Raju, strongly opposing Chatterjee’s bail plea, said that a major scam was going on whereby jobs were being offered to undeserving candidates based on bribes, there was "rampant corruption", which affected more than 50,000 candidates.

Justice Kant asked Raju, “Apply general principle, for how long can we keep him. If it were to be a case where a trial is near completion, all right we will say complete within three months’ or six months’ we will continue. It is a case where 2 years’ and four months’ have gone and trial is yet to commence ... .trial will take time…some of the witnesses are victims, some of them are beneficiaries, some innocent. It is a Herculean task”, said Justice Kant, and asked Raju, “how to strike balance?”

Justice Kant said the court cannot ignore the serious allegations that a minister is taking bribes, cash recovered from a factory or close associates. However, Justice Bhuyan queried Raju, if ultimately, he is not convicted then what will happen and who will pay for the time he had spent in custody. Raju said that it is possible in every bail case.

Justice Bhuyan said we have to strike a balance, and added, “two years’ and four months’ (in custody) is not a small period”. Rohatgi said the investigation against his client was over long ago. Raju said the chargesheet has been filed and if there is additional evidence it will be produced before the court, and insisted bail can be considered after he has completed 3.5 years’ in custody.

“50,000 deserving candidates have lost their jobs”, said Raju. Justice Bhuyan asked Raju, “what is your (ED’s) conviction rate, if it is 60% or 70%, we can understand. Very poor…”. Raju said in this case the conviction rate will be 100% and he will demonstrate it, and “there is a strong prima facie case…”.

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.