Supreme Court Questions Enforcement Directorate’s Conviction Rate During Partha Chatterjee’s Bail Hearing

In a recent Supreme Court hearing concerning the bail plea of former West Bengal education minister Partha Chatterjee, justices Surya Kant and Ujjal Bhuyan raised concerns about both the extent of political corruption and the low conviction rate of the Enforcement Directorate (ED). Chatterjee, entangled in a money laundering case linked to an alleged teacher recruitment scam, has been in custody for over two years without commencement of his trial.

During the proceedings, Justice Kant highlighted the ease with which politicians might engage in corrupt practices and claim innocence, underscoring the complexity of such cases. “It is very easy for any political person to indulge in all kinds of corruption and claim to be innocent,” remarked Justice Kant. Despite acknowledging the recovery of money in this specific case, he voiced concerns over the prolonged pre-trial detention Chatterjee has faced.

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On the other hand, Justice Bhuyan critiqued the ED for its “very poor” conviction rate, questioning the implications of Chatterjee’s prolonged custody if he is ultimately not convicted. The debate over the balance between holding individuals accountable and ensuring a fair judicial process was central to the discussion.

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Representing Chatterjee, senior advocate Mukul Rohatgi argued that his client has already served more than one-third of the maximum sentence prescribed under the Prevention of Money Laundering Act, based on the duration of his custody. He pointed to recent bail granted to another individual linked to the case, arguing for similar treatment for Chatterjee.

The ED, represented by Additional Solicitor General S V Raju, opposed the bail plea, emphasizing the gravity of the scam which purportedly compromised the integrity of over 50,000 job placements. Raju stressed that the scam involved blatant corruption with deep impacts on the education sector.

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As the hearing concluded, the bench decided to revisit the matter soon, taking into account the significant issues raised about judicial delays, the fairness of pre-trial detentions, and the overall effectiveness of the ED in securing convictions. The case highlights ongoing challenges within the Indian judicial system, particularly in handling high-profile corruption cases involving political figures.

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