NEW DELHI: The Supreme Court on Thursday ordered West Bengal government to grant prosecution sanction against the co-accused in the cash-for-jobs case involving former minister Partha Chatterjee .
A bench of Justices Surya Kant and N Kotiswar Singh passed the order on Chatterjee's bail plea .
Advocate M S Khan, appearing for Chatterjee, pointed out the existence of prosecution sanction against his client but not against the co-accused, resulting in the case's delay.He said the trial against Chatterjee couldn't be segregated and there was an uncertainty over its conclusion. Chatterjee's health was precarious and he could barely walk, Khan said, urging the court consider these factors.
Additional Solicitor General S V Raju, appearing for the CBI , opposed the bail and said West Bengal government was the competent authority to grant prosecution sanction and it wasn't doing it for the co-accused. Raju said a co-accused's bail plea was coming up for hearing before a coordinate bench in July and requested the bench to tag Chatterjee's plea with it as both stemmed from the same high court order. Chatterjee's health condition was termed fake by Raju claiming a hospital provided such medical certificates. "In order to facilitate trial, the state of West Bengal is directed to take a decision regarding granting sanction in the cases of the petitioner's co-accused within two weeks. We are conscious of the fact that the state and above named accused are not before us. We have not expressed any opinion on merits," the court said. The top court expressed surprise over lengthy bail orders of the high court, that too with divergent opinions.
"Mr Raju what is happening? In bail matters high courts are passing lengthy orders and that too with divergent views," Justice Kant asked.
After several unsuccessful candidates in the teachers eligibility test conducted by the West Bengal Board of Primary Education moved the Calcutta High Court, the latter ordered a CBI probe into the allegations on June 8, 2022.
The CBI register ed an FIR the next day and the ED lodged a case on June 24, 2022 against several office-bearers of the state education department.
The agencies conducted a raid at Chatterjee's premises on July 22, 2022 and claimed to have seized incriminating documents relating to 12 immovable properties in the name of Chatterjee's close associates and documents showing the appointment of Group D staff.
Searches conducted in the residential premises of a close aide of Chatterjee further led to the seizure of Rs 21.9 crore in cash and gold jewellery worth over Rs 76 lakh.
The trial court rejected Chatterjee's bail application on August 3, 2023, and the high court turned down his plea for relief on April 30. PTI
A bench of Justices Surya Kant and N Kotiswar Singh passed the order on Chatterjee's bail plea .
Advocate M S Khan, appearing for Chatterjee, pointed out the existence of prosecution sanction against his client but not against the co-accused, resulting in the case's delay.He said the trial against Chatterjee couldn't be segregated and there was an uncertainty over its conclusion. Chatterjee's health was precarious and he could barely walk, Khan said, urging the court consider these factors.
Additional Solicitor General S V Raju, appearing for the CBI , opposed the bail and said West Bengal government was the competent authority to grant prosecution sanction and it wasn't doing it for the co-accused. Raju said a co-accused's bail plea was coming up for hearing before a coordinate bench in July and requested the bench to tag Chatterjee's plea with it as both stemmed from the same high court order. Chatterjee's health condition was termed fake by Raju claiming a hospital provided such medical certificates. "In order to facilitate trial, the state of West Bengal is directed to take a decision regarding granting sanction in the cases of the petitioner's co-accused within two weeks. We are conscious of the fact that the state and above named accused are not before us. We have not expressed any opinion on merits," the court said. The top court expressed surprise over lengthy bail orders of the high court, that too with divergent opinions.
"Mr Raju what is happening? In bail matters high courts are passing lengthy orders and that too with divergent views," Justice Kant asked.
After several unsuccessful candidates in the teachers eligibility test conducted by the West Bengal Board of Primary Education moved the Calcutta High Court, the latter ordered a CBI probe into the allegations on June 8, 2022.
The CBI register ed an FIR the next day and the ED lodged a case on June 24, 2022 against several office-bearers of the state education department.
The agencies conducted a raid at Chatterjee's premises on July 22, 2022 and claimed to have seized incriminating documents relating to 12 immovable properties in the name of Chatterjee's close associates and documents showing the appointment of Group D staff.
Searches conducted in the residential premises of a close aide of Chatterjee further led to the seizure of Rs 21.9 crore in cash and gold jewellery worth over Rs 76 lakh.
The trial court rejected Chatterjee's bail application on August 3, 2023, and the high court turned down his plea for relief on April 30. PTI
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