LexPARTHA CHATTERJEE versus DIRECTORATE OF ENFORCEMENT
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[2024] 12 S.C.R. 627 : 2024 INSC 975 Partha Chatterjee v. Directorate of Enforcement (Criminal Appeal No. 5266 of 2024) 13 December 2024 [Surya Kant and Ujjal Bhuyan, JJ.] Issue for Consideration Matter pertains to grant of bail to the appellant-former State Education Minister and MLA, in the ED case for his involvement in various investigations, owing to the racket of illegal appointment of teachers. Headnotes† Prevention of Money Laundering Act, 2002 – ss.45 and 50 – Grant of bail – Teachers Recruitment Scam – FIR registered by CBI under the PC Act, as well as IPC, against certain functionaries of the West Bengal Board of Primary Education, and one who was allegedly engaged in an unholy nexus with varied authorities, so as to facilitate appointments of primary school teachers in exchange for substantial sums of money – On basis thereof, ED also registered the case against the said persons – Thereafter, conduct of raid at the premises of the appellant-former State Education Minister and MLA, leading to incriminating documents relating to the appellant – Arrest of appellant, for his involvement in various investigations, owing to the racket of illegal appointment – Bail application – Rejected by trial court and the High Court – Propriety: Held: Impartiality is a prerequisite to the Rule of Law, wherein decisions are based on the factual matrix of the case as opposed to the individual’s position or influence – While an accused person’s official status should not be grounds for denying bail, it also cannot constitute a special consideration to grant bail if otherwise no case is made out to provide such relief – Official positions, regardless of their stature, lose their relevance for the purpose of exercising judicial discretion judiciously – Instead, the claim of the appellant to be examined on basis of pleas taken to highlight his mitigating circumstances as well as the adverse impact it may 628 [2024] 12 S.C.R. Supreme Court Reports cause in the wake of allegations effecting the future of thousands of well merited aspirants, which underscores the broader societal harm caused by such actions and the erosion of trust in the integrity of public institutions – Statement of the appellant’s close associates constitutes prima facie evidence linking the appellant to substantial heaps of bribe money recovered from the associate’s residence and company premises – Appellant’s prayer for bail must also be juxtaposed against the apprehension of threat to life expressed by the said associate in her statement – However, the suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention – Striking a balance between these considerations, bail granted with certain conditions – Bail to be effective from or before 01.02.2025, subject to framing of charges by the trial court, examination of material witness, furnishing of bail bonds, and compliance with the other bail conditions – Said directions pertain only to the said ED Case – Prevention of Corruption Act, 1988. [Paras 13-19] Bail – Grant of – Prolonged incarceration, effect: Held: Prolonged incarceration of an accused awaiting trial unjustly deprives them of their right to personal liberty – Even statutory embargoes on the grant of bail must yield when weighed against the paramount importance of the right to life and liberty u/Art. 21, particularly in cases where such incarceration extends over an unreasonably long period without conclusion of trial – Suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention – Nevertheless, the court to ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial. [Paras 13, 17] Bail – Grant of bail – General Principles: Held: Grant of bail to be determined based on the unique circumstances of each case, balanced against settled factors such as the gravity of the offence, the nature of the allegations, likelihood of interference with the ongoing investigation, the possibility of evidence tampering, threat or influence over the material witnesses, the societal impact of such release, and the risk of the accused absconding among others. [Para 14] [2024] 12 S.C.R. 629 Partha Chatterjee v. Directorate of Enforcement List of Acts P
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