The Calcutta High Court has issued a split verdict on the bail applications of former West Bengal Education Minister Partha Chatterjee and four other officials involved in the high-profile cash-for-jobs recruitment scam.
The division bench, comprising Justices Arijit Banerjee and Apurba Sinha Ray, delivered differing opinions on the matter today, on Wednesday, November 20.
Justice Banerjee granted bail to all the accused, while Justice Sinha Ray denied bail to Chatterjee and the other four education department officials — Subiresh Bhattacharjee, Kalyanmoy Gangopadhyay, Ashok Saha, and Shanti Prasad Sinha — who were arrested in connection with the alleged scam, reported LiveLaw.in.
The accused are charged under various sections of the Indian Penal Code (IPC) and the Prevention of Money Laundering Act (PMLA), accused of exploiting their official positions to demand bribes in exchange for jobs.
In his order, Justice Banerjee emphasised that keeping the accused in prolonged judicial custody before trial would amount to a pre-trial conviction, which is against the principles of criminal justice.
"The allegations may be grave, but they need to be proven in court. An accused cannot be detained indefinitely solely on the basis of unproven allegations," Justice Banerjee remarked.
He also observed that if the prosecution had insufficient resources to conclude the trial in a reasonable time, bail should not be opposed unless in exceptional circumstances.
On the other hand, Justice Sinha Ray disagreed, citing the influence and role of the accused in orchestrating the scam.
"The applicants were the masterminds behind the scam, and cannot be equated with those who acted as agents or touts," Justice Sinha Ray said.
He expressed concerns about the potential for the accused to intimidate or influence witnesses if granted bail, given their ongoing influence. As a result, he rejected the bail applications of Chatterjee and the others at this stage, added LiveLaw.in.
In light of the conflicting rulings, the matter has now been referred to the Chief Justice for further instructions and the assignment of the case for further proceedings.
