Can't be kept in custody beyond Feb 1: SC's bail instruction on Partha

The Supreme Court on Friday directed that West Bengal's former education minister Partha Chatterjee can be released on bail on or before February 1 in the money laundering case related to the alleged cash-for-jobs scandal.

A bench comprising justices Surya Kant and Ujjal Bhuyan directed the trial court to decide on framing of charges before the commencement of winter vacations or before December 31, whichever is earlier.

The bench further directed the trial court to record the statements of prosecution witnesses who are most material and vulnerable in the second or third week of January. Subject to the completion of these steps, Chatterjee can be released on bail. In any case, he cannot be kept in custody beyond February 1, the bench ordered. The said directions by the top court would expedite the trial against Chatterjee.


The apex court also made it clear that once released on bail Chatterjee should not be appointed to any public office apart from the office of MLA. Although the court observed that the materials suggested the existence of a prima facie case against Chatterjee, the bench held that he cannot be subjected to punitive detention as he is still an undertrial. Chatterjee has been in jail for around two years now.

The bench also factored in concerns that Chatterjee, being a politically influential person, may influence witnesses if he is released on bail before they are examined by the trial court. "Official positions, regardless of their stature, lose their relevance for the purpose of exercising judicial discretion judiciously," reads the judgment.

While reserving its judgment on Chatterjee's bail plea earlier this month, the bench had observed that he cannot claim parity with co-accused.