WBSSC scam: SC dismisses plea by Manik Bhattacharya against ED's arrest

The Supreme Court on Thursday rejected a plea by TMC MLA and former chairman of West Bengal Board of Primary Education Manik Bhattacharya, questioning his arrest by the Enforcement Directorate in connection with the money laundering case lodged with regard to the teachers’ recruitment scam in the state.

"We cannot hold the arrest of the petitioner by the ED illegal as the issue of money ¬laundering or there being proceeds of crime had not surfaced (earlier)," a bench of Justices Aniruddha Bose and Vikram Nath said.

The court rejected a contention by senior advocate Mukul Rohatgi that the protection granted by the bench on September 27 and extended further in the case lodged by the CBI would continue to operate even in the money laundering case registered by the ED.

Read | No recruitment happens in Bengal without paying money, observes Calcutta HC

"We do not think a general protective order directed at another investigating agency could have insulated him from any coercive action in another proceeding started by a different agency, even if there are factual similarities vis¬-a¬-vis the allegations," the bench said.

The court also rejected Bhattacharya's plea to make the ED a party to his petition against the CBI probe ordered by the Calcutta High Court in the matter.

Under the Prevention of Money ¬Laundering Act, 2002, money¬ laundering is an independent offence and in the event, there is any allegation of the ED having acted beyond jurisdiction or their act of arrest is not authorised by law, the petitioner would be entitled to apply before the appropriate court of law independently, the bench added.

Solicitor General Tushar Mehta, representing the ED, opposed the extension of protection granted to the MLA in CBI case, to the money laundering probe, saying the ED is an independent agency and investigating the matter separately.

Bhattacharya was arrested by ED on October 12 in connection with the money laundering matter in the teacher's appointment scam.

On October 18, the apex court had allowed the CBI to continue its investigation against Bhattacharya in the scam which rocked the West Bengal government with the arrest of then Education Minister Partha Chatterjee and recovery of huge amount of illicit money.

Acting on Bhattacharya's plea, the top court suspended the order removing him from the post but did not direct his reinstatement.

It noted that the order removing him was "flawed" for not fulfilling the requirements of procedural fairness as he was not heard by the High Court.