New Delhi: The Supreme Court, while granting conditional future bail to former West Bengal minister Partha Chatterjee in a money laundering case related to cash-for-job scam, rejected his submission that his position as a minister at the relevant time entitles him to special consideration.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan said that the argument that Chatterjee’s position as a minister entitles him to special consideration does not hold merit.
Impartiality is a prerequisite to the rule of law: Apex Court
“The argument that the appellant’s position as a minister entitles him to any special consideration does not hold merit from either perspective. Impartiality is a prerequisite to the rule of law, wherein decisions are based on the factual matrix of the case as opposed to the individual’s position or influence,” the bench said.
“This court has emphatically clarified that while an accused person’s official status should not be grounds for denying bail, it also cannot constitute a special consideration to grant bail if otherwise no case is made out to provide such relief. Official positions, regardless of their stature, lose their relevance for the purpose of exercising judicial discretion judiciously,” the bench added.
Cannot be oblivious to settled principles that a suspect cannot be held in custody indefinitely: Apex Court
The apex court, however, said that it cannot be oblivious to the settled principles that a suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention.
The bench further said that the top court through a catena of decisions has consistently emphasized that prolonged incarceration of an accused awaiting trial unjustly deprives them of their right to personal liberty and even statutory embargoes on the grant of bail must yield when weighed against the paramount importance of the right to life and liberty under Article 21 of the Constitution, particularly in cases where such incarceration extends over an unreasonably long period without conclusion of trial.
Grant of bail must be determined based on unique circumstances of each case: Apex Court
The apex court further said that the grant of bail must be determined based on the unique circumstances of each case, balanced against settled factors such as the gravity of the offence, the nature of the allegations, likelihood of interference with the ongoing investigation, the possibility of evidence tampering, threat or influence over the material witnesses, the societal impact of such release, and the risk of the accused absconding among others.
The bench further said that the claim of Chatterjee must be examined through the lens of various pleas he has taken to highlight his mitigating circumstances as well as the adverse impact it may cause in the wake of allegations of playing with the future of thousands of well-merited aspirants and the undue benefits accrued to undeserving persons at the cost of these unsuccessful candidates. This later perspective underscores the broader societal harm caused by such actions and the erosion of trust in the integrity of public institutions, it added.
Statement of Chatterjee’s close associate(s) assumes enormous significance: Apex Court
“In this light, the statement of the appellant’s (Chatterjee) close associate(s) recorded under section 50 of the PMLA (Prevention of Money Laundering Act) assumes enormous significance, as it constitutes prima facie evidence linking the appellant to substantial heaps of bribe money recovered from the associate’s residence and company premises. Additionally, the appellant’s prayer for bail must also be juxtaposed against the apprehension of threat to life expressed by the said associate in her statement,” the bench said.
“The court would, nevertheless, ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial,” the bench added while directing for his release in the money laundering case on or before February 1 next year after framing of charges and examination of vulnerable witnesses in the alleged school jobs scam.
ED arrested Chatterjee in connection with an alleged school jobs scam
The ED arrested Chatterjee in connection with an alleged school jobs scam along with his close aide Mukherjee in connection with its probe into the money trail in the alleged illegal recruitments. According to the ED, Rs 49.80 crore in cash, jewellery, gold bars, documents of properties and a company in joint holdings were recovered from flats owned by Mukherjee.
Despite getting conditional future bail in the money laundering case from the top court, Chatterjee will not be able to come out of jail as he has been arrested in other cases related to the alleged scam.
