Bail | Undertrial Incarceration Should Not Become Punitive Detention: Supreme Court Emphasizes Right to Liberty Under Article 21

In a significant development, the Supreme Court of India on December 13, 2024, granted conditional bail to Partha Chatterjee, former West Bengal Minister and accused in a high-profile money laundering case linked to large-scale recruitment scams. The apex court emphasized that prolonged undertrial incarceration violates the constitutional right to liberty under Article 21 of the Constitution. The court, however, balanced the principle of personal liberty with the gravity of the allegations, societal harm caused by corruption, and the need to safeguard the integrity of the trial. Chatterjee has been in judicial custody since August 5, 2022.

The case stems from allegations of corruption during Chatterjee’s tenure as West Bengal’s Education Minister from 2016 to 2022. Recruitment processes for Primary School Teachers, Assistant Teachers, and Group C and D staff were alleged to have been tainted by widespread irregularities, including backdoor appointments of ineligible candidates in exchange for bribes. Following complaints from aggrieved candidates, the Calcutta High Court directed the Central Bureau of Investigation (CBI) to probe the matter in June 2022. This resulted in the Enforcement Directorate (ED) initiating a money laundering investigation under the Prevention of Money Laundering Act, 2002 (PMLA).

During searches in July 2022, the ED uncovered ₹21.9 crore in cash, ₹76.9 lakh in gold, and several documents from the residence of Chatterjee’s close aide. Subsequent searches revealed ₹27.9 crore in cash and ₹4.31 crore in gold from premises allegedly linked to dummy companies controlled by Chatterjee. Based on this evidence, the ED arrested Chatterjee on July 23, 2022, and a prosecution complaint was filed, citing the recovery of a total of ₹151.2 crore in proceeds of crime.

While rejecting Chatterjee’s bail plea earlier, the Calcutta High Court had cited witness statements under Section 50 of the PMLA, linking him to substantial sums of bribe money. However, Chatterjee approached the Supreme Court, citing his prolonged incarceration of over two years, advanced age of 72, multiple health ailments, and the uncertainty surrounding the conclusion of the trial, which involves 442 documents and 183 witnesses.

The Supreme Court, in its detailed judgment, noted that prolonged incarceration without trial cannot be justified, as it undermines the fundamental right to liberty. The bench of Justice Surya Kant and Justice Ujjal Bhuyan observed that statutory restrictions on bail under the PMLA cannot override the paramount importance of Article 21. The court, however, highlighted the seriousness of the allegations, which involved corruption in public institutions and the laundering of substantial amounts of public money. It also noted that Chatterjee, as a high-ranking public official, bore a greater responsibility, and his actions caused societal harm by depriving deserving candidates of rightful employment opportunities.

The court rejected Chatterjee’s claim for bail under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which provides bail to undertrials who have served one-third of the maximum sentence for the offence. It clarified that Chatterjee does not qualify as a first-time offender under the provision due to multiple cases registered against him.

Balancing the competing considerations of personal liberty and public interest, the court granted bail subject to strict conditions. It directed the trial court to frame charges and record statements of key witnesses, particularly those who expressed apprehension of threats, by January 2025. Chatterjee will be released on bail on February 1, 2025, or earlier if the trial court fulfills the procedural requirements before the specified date. The bail conditions include restrictions on Chatterjee influencing witnesses, tampering with evidence, or delaying trial proceedings. Any breach of these conditions would result in immediate cancellation of bail. Additionally, Chatterjee has been barred from holding any public office, except continuing as a Member of the Legislative Assembly, during the trial.

The Supreme Court made it clear that its directions pertain solely to the ED case involving Chatterjee and do not impact ongoing investigations or cases initiated by the CBI in connection with the broader recruitment scam. This judgment reaffirms the balance between ensuring the constitutional right to liberty and safeguarding the integrity of judicial proceedings in cases involving allegations of corruption and public trust violations.

Date of decision: 13/12/2024