New Delhi: The Supreme Court on Wednesday (December 4), while reserving its order on a plea filed by former West Bengal minister Partha Chatterjee seeking bail in the money laundering case, told his counsel that “on the face of it you are a corrupt person. Crores of rupees were recovered from your premises” and that he cannot seek parity with other accused persons granted bail in the case, as “not everyone was a minister.”
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan told senior advocate Mukul Rohatgi, who appeared for Chatterjee, “On the face of it you are a corrupt person. Crores of Rupees were recovered from your premises. What message do you want us to send to society? That corrupt person can get bail like this?”
Rohatgi, while urging the bench to grant Chatterjee bail, told the bench that all other accused persons in the case were granted bail except his client.
Not everyone was a minister, you can’t seek parity with other accused persons, Apex Court told Chatterjee
“Not everyone was a minister Mr Rohatgi. You were at the top. You can’t seek parity with other accused persons. Yes, you can question the delay in investigation and role of prosecution but not the merit of the case,” the bench told Rohatgi.
Additional Solicitor General (ASG) SV Raju, who represented the ED, told the bench that even if Chatterjee was granted bail in the money laundering case, he wouldn’t come out of jail as he is in custody in other CBI cases.
Rohatgi objected to ASG Raju’s submission saying, “This is great sadistic pleasure” and added, I am only asking for bail in one case. He (ASG Raju) is right that I am not going to get out, but that does not mean there can’t be a start. He is in custody for last two and half years. The premises (from where money was recovered) belonged to a company.”
Investigation started only because of judicial intervention: Apex Court
The bench said that Chatterjee had de-facto control of the company and properties were purchased in joint name of Chatterjee and one Arpita Mukherjee.
“You placed dummy persons after becoming minister. Earlier you were yourself there. Cases are of 2022. You are Minister, obviously you are not going to order investigation against yourself. Investigation started only because of judicial intervention. Allegation is that 28 crores have been recovered. Of course such a big amount would not have been kept in residence,” the bench said.
Needed to examine whether releasing Chatterjee would have an impact on investigation: Apex Court
The bench asked the ED in what time bound manner it is going to take investigation to logical end, saying Chatterjee cannot be kept behind bar for indefinite period, as the court has to balance rights. It further said that it needed to examine whether releasing Chatterjee would have an impact on the investigation and the conditions that needs to be imposed, as he cannot be kept inside indefinitely.
Chatterjee, who was arrested in connection with an alleged school jobs scam, was arrested by the ED along with his close aide Mukherjee in connection with its probe into the money trail in the alleged illegal recruitments. As per 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.
