top of page
Judge Gavel
Search

SC Questions Long Undertrial Custody, ED Conviction Rate in Partha Chatterjee Case

Writer's picture: Legal Soch FoundationLegal Soch Foundation
2 min read

The Supreme Court, on November 26, 2024, raised concerns over prolonged undertrial custody and the low conviction rate of the Enforcement Directorate (ED) while hearing the bail plea of former West Bengal Education Minister Partha Chatterjee in a money laundering case.


A bench of Justice Surya Kant and Justice Ujjal Bhuyan considered Chatterjee’s petition seeking bail in the alleged bribery scam linked to the recruitment of Assistant Primary Teachers in West Bengal. Chatterjee has been in custody since his arrest on July 23, 2022, with Senior Advocate Mukul Rohatgi emphasizing that his client, aged 73, had already completed over 1/3rd of the maximum sentence under the Prevention of Money Laundering Act (PMLA).


Rohatgi argued that the trial’s conclusion was unlikely soon, given that 183 witnesses and four supplementary prosecution complaints were pending. He invoked Section 479 of the BNSS Act, 2023, which permits bail for undertrials serving more than 1/3rd of their potential sentence, and cited the Najeeb judgment advocating bail for prolonged incarceration.


Highlighting inconsistencies, Rohatgi noted that another accused, Arpita Mukherjee, who had alleged the money belonged to Chatterjee, was granted bail just two days prior. He also pointed out the absence of direct recoveries from Chatterjee.


Justice Kant remarked, “You are not going to keep money at your residence,” but sought details of Chatterjee's judicial and police custody, including arrests made in connected CBI cases.


Additional Solicitor General SV Raju, representing the ED, opposed the bail plea, citing the large-scale corruption affecting over 50,000 candidates and the gravity of the predicate offences. He argued that Section 479 BNSS was inapplicable due to the serious nature of the crime.


The bench, expressing its inclination toward granting bail, deferred the matter to December 2, requesting further details on Chatterjee's custody periods in both ED and CBI cases.


Chatterjee’s petition challenges the April 30, 2024, Calcutta High Court order denying him bail.




Recent Posts

See All
bottom of page