‘How Long Can Partha Chatterjee Be Kept In Jail?’: SC To ED

New Delhi: The Supreme Court of India on Wednesday raised critical questions regarding the Enforcement Directorate's (ED) performance in money laundering cases, particularly focusing on the low conviction rate and the prolonged detention of former West Bengal minister Partha Chatterjee.

A bench of Justices Surya Kant and Ujjal Bhuyan spoke about the length of time Chatterjee, who was arrested in July 2022 over alleged irregularities in academic staff recruitment in West Bengal, has spent in jail without the commencement of his trial. The court noted that Chatterjee had been incarcerated for over two years, with his trial yet to begin. “What will happen if we don't grant bail? The trial is yet to commence, there are 183 witnesses in the cases. The trial will take time. How long can we keep him? That is the question,” the bench asked Additional Solicitor General S.V. Raju, representing the ED.

The court also highlighted the difficulty in striking a balance between maintaining justice and considering the long duration of pre-trial detention. "Here is a case where more than two years have gone. How to strike balance in such case?" they questioned.

In addition to this, the court inquired about the ED’s conviction rate, which they described as poor. “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 percent, we can understand. But it is very poor,” they stated, urging the ED to provide clarity on the matter.

Chatterjee's defense was presented by senior advocate Mukul Rohatgi, who argued that his client had been in jail for over a year and had already served a substantial portion of the maximum sentence under the Prevention of Money Laundering Act (PMLA), which stipulates a seven-year jail term. Rohatgi further noted that the trial was unlikely to conclude soon, given the number of witnesses and supplementary charges. He requested bail for Chatterjee, emphasizing his medical complaints and the long wait for the trial to begin.

In response, ASG Raju opposed the bail plea, describing the case as one involving "rampant corruption" and warning that Chatterjee could use his influence to interfere with witnesses. The bench, while taking note of the arguments, asked Rohatgi to submit details regarding Chatterjee’s custody in related CBI cases. The case has been adjourned to December 2 for further proceedings.

Chatterjee was previously denied bail in October by the Calcutta High Court, leading to his appeal being taken up by the Supreme Court. He and his associate, Arpita Mukherjee, were arrested by the ED after a money trail linked them to allegedly illegal recruitment practices in West Bengal's primary schools.