The Supreme Court on Wednesday questioned the ED
over the low rate of convictions in money laundering cases, wondering for how
long former West Bengal minister Partha Chatterjee, arrested over alleged
irregularities in academic staff recruitment in the state, could be kept in
jail.
A bench of Justices Surya Kant and Ujjal Bhuyan said
Chatterjee has been incarcerated for over two years and the trial in the case
was yet to commence.
"What will happen if we don't grant bail? Trial
is yet to commence, there are 183 witnesses in the cases. Trial will take
time...How long can we keep him? That is the question. Here is a case where
more than two years have gone. How to strike balance in such case?" the
bench asked Additional Solicitor General S V Raju, representing ED.
The top court remarked it also couldn't ignore that
the allegations against the former minister were serious in nature and asked,
"Mr Raju, if ultimately he is not convicted, what will happen? Waiting for
2.5-3 years is not a small period. What is your conviction rate? Even if the
rate is 60-70 per cent, we can understand. But it is very poor." Appearing
for Chatterjee, senior advocate Mukul Rohatgi, said the former minister was
arrested on July 23, 2022, and was in jail since then, adding the 73-year-old
former minister was suffering from medical conditions.
He submitted there was no likelihood of the trial
reaching completion in the near future as there were 183 witnesses and four
supplementary prosecution complaints.
Rohatgi argued Chatterjee had already undergone over
one-third of the maximum punishment under the Prevention of Money Laundering
Act, which attracted seven years' imprisonment.
Raju vehemently opposed the bail plea and said the
minister was involved in "rampant corruption" which affected more
than 50,000 candidates.
Chatterjee, said the ASG, was not entitled to bail
as he was "very influential" and may tamper with the witnesses if
released.
Raju accused the former minister of manipulating
doctors to get favourable medical certificates and submitted co-accused Arpita
Mukherjee had stated that the money belonged to the applicant.
The bench asked Rohatgi to submit details about the
custody undergone by Chatterjee in the connected CBI cases and matter was
adjourned to December 2.
The top court in October issued a notice to the ED
on the appeal filed by Chatterjee against an April 30 Calcutta High Court order
denying him a bail on the ground that a prima facie case was established
against him under the PMLA.
Chatterjee was arrested in connection with the
alleged irregularities in recruitment of teaching and non-teaching staff in
West Bengal government-sponsored and aided primary schools.
The politician and his alleged close aide Mukherjee
were arrested by the ED in connection with its probe into the money trail in
the alleged illegal recruitments.
The ED claimed to have recovered Rs 49.80 crore in
cash, apart from jewellery, gold bars from flats owned by Mukherjee, besides
documents of properties and a company in joint holdings.
Following his arrest, Chatterjee was relieved of his
ministerial duties by the Mamata Banerjee government, while the TMC also
removed him from all party posts including secretary general.