Recruitment scam: ‘Dissenting judge didn’t consider Art 21 for bail’

Kolkata: Appealing for his bail in the CBI case relating to cash for jobs scam, the counsel of former education minister Partha Chatterjee, on Tuesday, questioned how could lack of grant of sanction for prosecution from the state government for four other accused have a bearing on the bail application of Chatterjee that was moved on the touchstone of Article 21 of the Constitution.

The bench of Justice Tapabrata Chakraborty was hearing bail applications of Partha Chatterjee, Subiresh Bhattacharya, Ashok Saha, Kalyanmoy Gangopadhyay and Shanti Prasad Sinha.

The hearing came after a division bench of Justice Arijit Banerjee and Justice Apurba Sinha Ray had given a split verdict where the former though granted bail, the latter dissented in the judgement.

The counsel for Chatterjee, senior advocate Milon Mukherjee, argued against the dissenting judgement by Justice Sinha Ray, submitting that the judge did not consider the bail application on the touchstone of Article 21.

He argued that delay in granting sanction by the state government for prosecution of the other four cannot be grounds for refusing bail to Chatterjee who was in custody and whose sanction for prosecution was already granted by the Governor since he was a cabinet minister then.

“Am I to be blamed for the state’s lack of sanction?...I am a person who is in custody,” Chatterjee’s counsel submitted. Chatterjee is in jail for almost two years now without trial.

It was also submitted that no cognisance was taken by the trial court after the chargesheet was submitted due to lack of sanction from the state. Advocate Mukherjee also stated that neither has the deputy solicitor general representing CBI shown the court that Chatterjee is influencing the state not to grant sanction.

He submitted that rule stated in the dissenting judgement which concerns withdrawing the power of recommending and appointing authority and transfer it to a “selected caucus” was passed by the cabinet and the Assembly.

This cannot be held against Chatterjee. The next hearing on the matter is to be taken up on December 17.