NEW DELHI: The Supreme Court on Wednesday told former West Bengal Minister Partha Chatterjee that he cannot claim any parity with Tamil Nadu Minister V Senthil Balaji who got the bail in a money laundering case, and that he was a corrupt person.
“Just because a minister in Tamil Nadu got bail, you will also get? There is no association of all ministers in the country,” a bench of Justices Surya Kant and Ujjal Bhuyan said.
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The court reserved its judgement on a bail plea by Chatterjee in a money laundering case lodged against him and others in connection with regard to the teachers recruitment case, where a huge sum of cash allegedly received non deserving candidates were recovered, causing much embarrassment to the Mamata Banerjee government.
Hearing his plea for bail, the bench asked senior advocate Mukul Rohatgi, appearing for Chatterjee as to how he could seek parity with other former ministers who have been granted bail in money laundering cases.
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"On the face of it, you are a corrupt person. How does it matter that it took two years to decide bail plea. “There is nothing for you to claim parity. Just because a minister in Tamil Nadu got bail, you will also get? There is no association of all ministers in the country," the bench said.
The bench told Chatterjee that he was the minister, while the other co-accused, who got bail, were not, and he cannot claim parity with them either.
The bench also made it clear to Chatterjee that the question of bail would be decided against the backdrop, whether his release would affect a fair investigation and trial.
The bench, at the same time, underscored that his incarceration cannot continue forever.
"The only thing we need to examine is if your release will impact the trial ... But we also have to see that it ( the imprisonment) cannot be forever," the bench said.
The bench said if Chatterjee is entitled to bail, then delay of one day is also too much.
The court also asked the Enforcement Directorate, if it could interrogate him in judicial custody.
The bench also said it is essential to balance rights as he had been in jail for over two years.
On November 27, the apex court had criticized the Enforcement Directorate for its poor conviction rate, and pointed out that Chatterjee has already been in custody for over two years’, and the trial is yet to commence.
Chatterjee was arrested on July 23, 2022 by the ED for his alleged involvement in the West Bengal teacher recruitment scam and has since been charged under the Prevention of Money Laundering Act, 2002. A huge sum of money was also recovered in the case.
After his arrest, he was relieved of his ministerial duties, and all posts in Trinamool Congress (TMC).
On November 27, the Supreme Court had said that every case against a politician is not malafide as it is very easy for them to indulge in corruption and then claim innocence.
The apex court had then also come down heavily upon the Enforcement Directorate over its poor conviction rate.
The petitioner had said he was 73 years of age, he was a minister in charge in jobs of cash scam case, while all other accused had been granted bail.
He has undergone 2.5 years more than one third of maximum sentence of seven years under the Prevention of Money Laundering Act.
