Partha Chatterjee's Bail Plea: SC Questions ED's Conviction Rate, Asks 'How Long Accused Can Be Kept Undertrial?'
The top court today questioned ASG Raju appearing for ED, as to what will happen if ultimately Chatterjee is not convicted.
The Supreme Court on Wednesday heard the former West Bengal Minister Partha Chatterjee's bail petition and questioned the Enforcement Directorate (ED) over the delay in commencement of trial in the money laundering case against him in the alleged scam in the recruitment of Assistant Primary Teachers in West Bengal.
A bench of Justice Surya Kant and Justice Ujjal Bhuyan while expressing concern over the delay in trial also asked ED about its conviction rate.
"How long can we keep him?...Here is a case where more than two years have gone. How to strike a balance in such a case?," Justice Kant asked.
The top court today questioned ASG Raju appearing for ED, as to what will happen if ultimately Chatterjee is not convicted.
"Waiting for 2.5-3 years is not a small period!" Justice Bhuyan remarked while also pointing towards low conviction rates in ED cases.
"What is your conviction rate? If it is 60-70%, we can understand. But it is very poor," Justice Bhuyan said.
However, ASG Raju appealed to the court to see the matter on a case-to-case basis.
The bench today expressed that interim bail can be granted to the former West Bengal Minsiter.
The ED however opposed interim bail to Chatterjee's and said that he might exert pressure to make the witnesses retract their statements. ASG Raju argued that Chatterjee was an influential person who has even manipulated doctors to get favourable medical certificates.
However, Senior Advocate Mukul Rohatgi refuted ED's claims by saying that he was no longer a Minister and the only evidence against him was the statements recorded by the ED officials under Section 50 PMLA.
The bench expressed that interim bail can be granted on an experimental basis to see the progress of the trial but listed the matter on next Monday while seeking more information from ED and CBI.
"We want to know your period of judicial custody and police custody. In both CBI and ED cases. We will take up the matter on Monday. Whether you were arrested by the CBI for first time and whether you have been arrested by the CBI for the second time," the apex court said.
Chatterjee moved the Supreme Court after the Calcutta High Court denied him bail in the alleged money laundering case.
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