HC reserves judgement in Partha Chatterjee’s bail plea in CBI case
Kolkata: The Calcutta High Court on Wednesday reserved its judgement in the bail plea of former education minister Partha Chatterjee in the CBI case relating to the teacher recruitment scam.
Chatterjee was recently granted bail by the Supreme Court in the ED case relating to the same scam. Opposing his bail, the CBI on Wednesday told the High Court bench of Justice Tapabrata Chakraborty that Chatterjee’s release may be detrimental to the ongoing probe as vulnerable witnesses will be affected since he is an influential person.
In the earlier hearing, the counsel of Chatterjee, senior advocate Milan Mukherjee had said the dissenting judge Justice Apurba Sinha Roy did not consider his bail on the touchstone of Article 21 (right to life and personal liberty). The deputy solicitor general (DSG) Dhiraj Trivedi, representing CBI, argued Article 21 cannot secure persons who can take advantage of their own wrongs.
The CBI also claimed that not all evidence in this case is documentary and hence Chatterjee’s release along with four others — Subiresh Bhattacharya, Ashok Saha, Kalyanmoy Gangopadhyay and Shanti Prasad Sinha — can lead to tampering of evidence. Further, it can pose hurdles in the trial process if not stall the trial entirely. “Age is always not a factor for bail consideration. These persons can manipulate witnesses,” he claimed.
The DSG said in socio-economic offences which affect the economy of the country, parameters of normal bail will not apply. The Central agency, however, confirmed that a probe relating to the five accused is completed but investigation concerning the entire scam is afoot.
Chatterjee’s counsel reiterated that the former minister is in jail for over two years and is in no position to manipulate the trial. “He is in no position of power,” said Mukherjee.
He reiterated that delay in granting sanction by the state for prosecution of the other four cannot be grounds for refusing bail to Chatterjee who has been in custody. “Am I to be blamed for the state’s lack of sanction?...I am a person who is in custody,” Chatterjee’s counsel submitted.
