Cal HC says former WB minister Partha Chatterjee not in a position to misuse office

Kolkata, Sep 26 (PTI) The Calcutta High Court, granting bail to former West Bengal minister Partha Chatterjee on Friday in a school jobs recruitment case being probed by the CBI, observed that he is not in a position to misuse his office or commit similar offences since he no longer holds any such official status.

Noting that evidence of the present case is already in possession of the CBI, Justice Suvra Ghosh observed in the 11-page judgment that there is a remote chance of the petitioner influencing or intimidating witnesses or interfering with investigation at this stage.

Granting conditional bail to the former minister, Justice Ghosh observed, "Allegation against the petitioner involves abuse of his official position, which he no longer holds. He, therefore, cannot be said to be in a position to misuse his office or commit similar offences." The court said that prima facie it appears that Chatterjee and the then president of West Bengal Primary Education Board Manik Bhattacharya and others misused their official position, and appointed undeserving candidates as teachers in West Bengal government-run and aided primary schools in lieu of consideration, thereby depriving eligible aspiring candidates of public employment.

"Undoubtedly, the allegations are extremely grave and involve corruption which adversely impacts the society at large," it observed.

The court noted that all the other accused, including Manik Bhattacharya, are on bail in the case.

Observing that there is little chance of his abscondence or evasion of the process of law, Justice Ghosh noted that Chatterjee was interrogated by the investigating agency only on one occasion on October 15, 2024.

"Therefore, it can be inferred that the investigating agency does not require further custodial interrogation of the petitioner," the court said.

It also noted that the investigation of the present case is a continuation of the ED's probe, which was initiated more than three years ago in July, 2022.

The high court noted that Chatterjee is no longer holding the post of education minister of the state and has strong roots in society.

Chatterjee's lawyers informed the court that he is a septuagenarian and suffers from various ailments.

Seeking bail for Chatterjee, his counsel submitted that the case is based on documentary evidence, and all such documents are in custody of the CBI or the court.

Stating that the former minister is on bail in all the other cases registered against him, his counsel said that out of 12 accused persons in the present case, 11 are on bail.

The Supreme Court granted bail to Chatterjee in the ED case on December 13, 2024 considering his prolonged detention, his lawyer said.

The CBI's counsel opposed the bail prayer, pleading that all the accused persons, including the petitioner, joined hands in securing illegal appointment of undeserving candidates in lieu of extraneous consideration.

He stated that given the status and influence of the petitioner, chances of the witnesses being intimidated or influenced cannot be ruled out if Chatterjee is granted bail at this stage.

Chatterjee, one of the prime accused in the alleged cash-for-jobs scam in Bengal’s state-run and aided schools, was granted bail in a case on irregularities in primary school teacher recruitment, the charge sheet on which was filed by the CBI on December 27 last year.

The former minister has been behind bars for over three years now, and has already been granted bail in the other cases slapped on him by the Enforcement Directorate (ED) and the Central Bureau of Investigation (CBI). PTI AMR RBT