NEW DELHI: The Supreme Court on Tuesday asked a special court to decide the bail petition of Trinamool Congress youth wing leader Kuntal Ghosh, who was arrested in connection with irregularities in the West Bengal teacher recruitment case, in 10 days.
The order was passed by a bench of justices Surya Kant and Ujjal Bhuyan on a petition filed by Ghosh who objected to his bail petition being transferred to a new judge after the same was substantially heard. The case is currently pending before the special court hearing cases of money laundering under the Prevention of Money Laundering Act (PMLA).
Advocate MS Khan, who appeared for Ghosh, said that the issue raised a question of fundamental rights of a citizen under Article 21 and delay in such matter defeats the principle – bail is the rule and jail is exception.
“He has a genuine request,” the bench observed as it issued notice on the petition to the Enforcement Directorate (ED).
“The special CBI court which is notified as the court under PMLA is directed to take up the bail matter of the petitioner, if need be on a day-to-day basis, and decide it in 10 days and send a compliance report,” the bench said in its order.
{{/usCountry}}“The special CBI court which is notified as the court under PMLA is directed to take up the bail matter of the petitioner, if need be on a day-to-day basis, and decide it in 10 days and send a compliance report,” the bench said in its order.
{{/usCountry}}Ghosh was arrested in January 2023 in connection with allegations that he collected bribes from candidates for their selection as teachers in the state. The Central Bureau of Investigation registered a case in 2022. In June 2022, ED also filed a case and proceeded to investigate money laundering allegations.
Investigations in the case led the federal agencies to unearth huge cash and jewellery from persons allegedly linked to the former West Bengal education minister Partha Chatterjee.
Ghosh filed a bail application in the trial court in May 2024 and the case was heard on multiple occasions by the judge. However, on August 31, the judge directed the case to be transferred to another court where the matter would have to be heard afresh on September 30.
Ghosh’s petition said the transfer of a bail application to another court or judge, after a substantial hearing has already taken place, resulting in the necessity for a de-novo hearing and fresh consideration by the new judge in a case where the trial has even not commenced, constitutes a violation of the fundamental right to a speedy trial guaranteed under the Constitution.