SC seeks ED reply on bail to ex-Bengal minister in teachers appointment case
The Supreme Court issued notice to the ED and posted the matter after two weeks considering Partha Chatterjee’s advanced age and medical ailments
The Supreme Court on Tuesday sought the response of the Enforcement Directorate (ED) on the bail plea filed by former West Bengal education minister Partha Chatterjee in a money laundering case linked to the teacher recruitment scam in the state.
A bench headed by justice Surya Kant issued notice on the plea and posted the matter after two weeks considering his advanced age and medical ailments. Earlier, the Calcutta high court had on April 30 denied him bail on the ground that a prima facie case was established against him under the Prevention of Money Laundering Act (PMLA).
Senior advocate Mukul Rohatgi appearing for the Trinamool Congress (TMC) leader said that he has already spent two years and two months in jail in a case where the maximum punishment for money laundering under Section 4 of PMLA is seven years. “He is 74 years old and is very sick,” Rohatgi said, seeking an early date for considering the ED’s response.
The ED had filed a case against Chatterjee in June 2022 soon after the Central Bureau of Investigation (CBI) began investigation into the teacher recruitment scam where it was alleged that eligible and meritorious candidates were denied jobs as school teachers and ineligible persons, and even failed candidates, got appointed by paying huge bribes. The role of TMC leaders and office bearers of the West Bengal Board of Primary Education also became suspects during investigations in the illegal selection of assistant teachers.
Searches were conducted during the course of investigation and a huge haul of cash and jewellery was recovered from the residential premises of one Arpita Mukherjee. From her two flats, cash amounting to over ₹49 crore and jewellery worth ₹5 crore was seized. Later, it was known that Arpita was closely associated with Chatterjee and incriminating documents were recovered showing how the duo jointly operated bank accounts and dummy companies to conceal the proceeds of crime.
The federal agency also recovered digital devices from Chatterjee’s residence pointing to his illegal appointment of teachers. The high court while denying bail had noted the statement of witnesses which established the material against him and linked him with Arpita Mukherjee.
Though the former minister had sought to distance himself from the recovery of cash at Arpita’s residence, the ED showed the trust, faith and confidence in their dealings as Chatterjee was the nominee in the bank account, insurance policies belonging to Arpita.
The HC bench of justice Tirthankar Ghosh had held, “The cash seizures and jewelleries from the two flats do not at this stage create any circumstance in favour of the petitioner to overcome the twin conditions under Section 45 of the PMLA.” The twin-condition test under Section 45 requires the court to be satisfied that there are reasonable grounds for believing that the accused is not guilty of an offence and that he is not likely to commit any offence while on bail.