<p>New Delhi: The Supreme Court on Friday granted bail to former West Bengal education minister Partha Chatterjee, the prime accused in teacher recruitment scam, on or before February 1, 2025, as it directed the trial court to decide on framing of charges this month and complete recording the statements of vulnerable witnesses by January 30.</p><p>A bench of Justices Surya Kant and Ujjal Bhuyan fixed the timeline for release of Chatterjee and the trial court's proceedings while also clarifying this order of bail is only related to the money laundering case registered by the Enforcement Directorate and no other case against the accused including the CBI one.</p><p>The bench discussed general principles of bail jurisprudence, saying that claim of appellant has to be understood from mitigating circumstances shown along with the impact on thousands of meritorious candidates which showed the larger harm on the society. </p><p>"We, however, cannot be oblivious to the settled principles that a suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention. The court would, nevertheless, ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial," the bench said.</p><p>The bench directed the trial court to frame charges before winter vacations begin or December 30 whichever earlier. The court said the statement of all vulnerable witnesses should be examined, the appellant and the counsel to extend full cooperation.</p><p>The appellant may challenge the framing of charges however the witnesses has to be examined, the court said.</p><p>"The petitioner shall be released on February 1, 2025. If the framing of charges and witnesses are examined before, he shall be released immediately after the same. He shall not be appointed to any public office apart from being a member of the legislative assembly," the bench said.</p>.Supreme Court refuses to entertain Congress' plea against non-disqualification of its 8 MLAs by speaker for defection to BJP.<p>The court rejected the argument that the appellant’s position as a minister entitles him to any special consideration, saying it does not hold merit from either perspective. </p><p>"Impartiality is a prerequisite to the Rule of Law, wherein decisions are based on the factual matrix of the case as opposed to the individual’s position or influence. In this vein, this court has emphatically clarified that while an accused person’s official status should not be grounds for denying bail, it also cannot constitute a special consideration to grant bail if otherwise no case is made out to provide such relief. Official positions, regardless of their stature, lose their relevance for the purpose of exercising judicial discretion judiciously," the bench said.</p><p>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.</p><p>The ED opposed his bail plea saying the seizure and attachment, in this case, stood at a hefty Rs 151.2 crores, which are the proceeds of crime generated out of criminal activities related to scheduled offences under the PMLA.</p><p>After his arrest, he was relieved of his ministerial duties, and all posts in Trinamool Congress (TMC).</p><p>The CBI has separately arrested in two cases on September 16, 2024 and October 1, 2024.</p>
<p>New Delhi: The Supreme Court on Friday granted bail to former West Bengal education minister Partha Chatterjee, the prime accused in teacher recruitment scam, on or before February 1, 2025, as it directed the trial court to decide on framing of charges this month and complete recording the statements of vulnerable witnesses by January 30.</p><p>A bench of Justices Surya Kant and Ujjal Bhuyan fixed the timeline for release of Chatterjee and the trial court's proceedings while also clarifying this order of bail is only related to the money laundering case registered by the Enforcement Directorate and no other case against the accused including the CBI one.</p><p>The bench discussed general principles of bail jurisprudence, saying that claim of appellant has to be understood from mitigating circumstances shown along with the impact on thousands of meritorious candidates which showed the larger harm on the society. </p><p>"We, however, cannot be oblivious to the settled principles that a suspect cannot be held in custody indefinitely and that undertrial incarceration should not amount to punitive detention. The court would, nevertheless, ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with evidence, or influence witnesses, namely, actions that undermine the fundamental doctrine of a fair trial," the bench said.</p><p>The bench directed the trial court to frame charges before winter vacations begin or December 30 whichever earlier. The court said the statement of all vulnerable witnesses should be examined, the appellant and the counsel to extend full cooperation.</p><p>The appellant may challenge the framing of charges however the witnesses has to be examined, the court said.</p><p>"The petitioner shall be released on February 1, 2025. If the framing of charges and witnesses are examined before, he shall be released immediately after the same. He shall not be appointed to any public office apart from being a member of the legislative assembly," the bench said.</p>.Supreme Court refuses to entertain Congress' plea against non-disqualification of its 8 MLAs by speaker for defection to BJP.<p>The court rejected the argument that the appellant’s position as a minister entitles him to any special consideration, saying it does not hold merit from either perspective. </p><p>"Impartiality is a prerequisite to the Rule of Law, wherein decisions are based on the factual matrix of the case as opposed to the individual’s position or influence. In this vein, this court has emphatically clarified that while an accused person’s official status should not be grounds for denying bail, it also cannot constitute a special consideration to grant bail if otherwise no case is made out to provide such relief. Official positions, regardless of their stature, lose their relevance for the purpose of exercising judicial discretion judiciously," the bench said.</p><p>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.</p><p>The ED opposed his bail plea saying the seizure and attachment, in this case, stood at a hefty Rs 151.2 crores, which are the proceeds of crime generated out of criminal activities related to scheduled offences under the PMLA.</p><p>After his arrest, he was relieved of his ministerial duties, and all posts in Trinamool Congress (TMC).</p><p>The CBI has separately arrested in two cases on September 16, 2024 and October 1, 2024.</p>
