A division bench of Calcutta High Court will approach the chief justice “for appropriate direction” after the two judges on the bench differed on Wednesday over granting bail to former education minister Partha Chatterjee and four others in a CBI case for alleged irregularities in school recruitments.
Justice Arijit Banerjee was in favour of bail, while Justice Apurba Sinha Ray was not.
Usually, in such situations, the chief justice assigns the case to a special bench.
The CBI had arrested Chatterjee on September 16, 2022. But he has been in custody longer, since the Enforcement Directorate (ED) picked him up on July 23, 2022.
Chatterjee, who was the
state education minister from 2014 to 2021, stands accused of corruption in the recruitment of teachers and non-teaching staff for government-aided schools.
Along with Chatterjee’s plea, the high court was hearing the bail petitions of Subires Bhattacharyya, a former chairman of the school service commission; Shanti Prasad Sinha, a former chairman of an SSC advisory committee; Ashok Saha, a former chairman of the SSC; and Kalyanmoy Ganguly, a former president of the state secondary education board.
All of them are accused in the jobs-for-cash scandal.
Justice Arijit Banjeree, who favoured bail, wrote in his order that while the allegations against the accused may be grave, those still have to be proved in court.
He said an accused could not be detained in judicial custody for a long period merely based on allegations that have yet to be proved.
“The fundamental right of a person, including an under-trial, as enshrined in Article 21 of the Constitution of India, includes his right to personal liberty and speedy conclusion of a trial. The right to personal liberty is precious and perhaps the second most important fundamental right after the right to life.... Further custodial interrogation is not necessary, in my considered opinion,” he said in the signed order.
He added that the CBI could question the accused whenever needed.
Justice Apurba Sinha Ray, who opposed the bail, said the record reveals that the applicants were the masterminds and they orchestrated the entire scam.
“The five applicants... are still influential and there are chances of manipulating, influencing, intimidating witnesses, if they are enlarged on bail. In view of the above, I am not inclined to allow the prayers for bail of the said applicants at this stage. Accordingly, the relevant bail applications are rejected.”
Towards the end of the orders, the two judges wrote in unison: “In view of the difference of opinion between the two of us... let those bail applications be placed before the hon’ble Chief Justice for appropriate direction.”
Even if the five get bail in the CBI case, they will remain in custody in the ED case, lawyers familiar with the proceedings said.
Chatterjee’s bail petition said the investigation was complete and no incriminating materials had been found against him. Chatterjee has been in custody for more than two years and the trial has yet to start, the petition said.
“There is no possibility of an early conclusion of the trial. On the grounds of breach of the petitioner’sfundamental right to personal liberty and speedy trial, he should be granted bail onsuch conditions as this Court may decide,” the petitionsaid.
Bhattacharyya’s lawyer said his client had cooperated with the investigation. “The CBI has not been ableto show any money trail with regard to the petitioner in any of the chargesheets.... On merits, as also on the ground of delay in the trial, the petitioner renewed his prayer for bail,” Bhattacharyya’s petition said.
The other accused sought bail citing similar reasons.
Kuntal bail
Justice Subhra Ghosh of the high court on Wednesday granted bail to Kuntal Ghosh, a Trinamool youth leader arrested by the ED in connection with the school recruitments. He is yet to get bail in the CBI case against him.
