Calcutta High Court denies bail to former minister and others in cash for job recruitment scam [Read Judgment]

Kolkata: The Calcutta High Court has delivered a significant judgment denying bail to former Education Minister Partha Chatterjee and four other high-ranking officials in connection with the School Service Commission recruitment scam, emphasizing the gravity of socio-economic offenses and corruption.

Calcutta High Court’s Landmark Decision in SSC Recruitment Scam

Justice Tapabrata Chakraborty addressed the case after a split verdict was delivered by a division bench comprising Justice Arijit Banerjee and Justice Apurba Sinha Ray on November 20, 2024.

The court noted the serious nature of the allegations, stating: “The allegations against the petitioners are very serious in nature, which are reflected from the excerpts of the documents on record. The offences alleged, if proved, may jeopardize the credibility of the education system of the State.”

No Bail for Partha Chatterjee: Impact of Corruption on Education

Addressing the issue of prolonged custody and trial delays, the court observed: “Only delay in progress of trial may not be the sole criterion for enlarging the accused persons on bail since it cannot be said how long a period of detention is too long in a system where justice is supposed to be swift but deliberate, more so when the subject matter is a scam of extraordinary dimension involving exchange of monetary considerations for giving appointments.”

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The court emphasized the distinct nature of corruption cases, stating: “Offences involving economic crime and corruption fall in a different category. Their gravity cannot be measured only from the perspective of sentence prescribed in law. A crime of this nature would definitely fall in the category of offences which travel far ahead of personal or private wrong.”

Regarding the State’s delay in granting prosecution sanction, the court noted: “No reason is forthcoming as to why the State is maintaining a stoic silence as regards grant of sanction when pertaining to the alleged offences sanction has already been granted by the Hon’ble Governor in respect of Dr. Partha Chatterjee.”

The accused persons – Dr. Subires Bhattacharya (former Chairman of WBCSSC), Mr. Ashok Kumar Saha (former Secretary of WBCSSC), Dr. Kalyanmoy Ganguly (former President of WBBSE), Dr. Santi Prasad Sinha (former Secretary of WBBSE), and Dr. Partha Chatterjee (former Minister of Education) – have been in custody for more than two years.

Mr. Shekhar Basu, Mr. Milon Mukherjee, and Mr. Sandipan Ganguly, Senior Advocates, appeared for the petitioners.
Mr. Dhiraj Trivedi, Deputy Solicitor General of India, appeared for the Central Bureau of Investigation.

Case Title: Dr. Subires Bhattacharya & Ors vs The Central Bureau of Investigation

[Read Judgment]