VidhiSangh

Supreme Court of India · 13/12/2024

PARTHA CHATTERJEE versus DIRECTORATE OF ENFORCEMENT

[2024] 12 S.C.R. 627

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Hearing a former West Bengal Education Minister's bail plea in a money laundering case arising from the teacher recruitment scam, the Supreme Court balanced his custody of over two years against the gravity of the allegations and a witness's fear for her life. It directed the trial court to decide on charges by 31.12.2024 and examine the vulnerable witnesses in January 2025, and ordered his release on bail on 01.02.2025 or earlier once those witnesses were examined, on conditions.

Issues

  1. Whether the appellant, in custody for over two years in a case under the Prevention of Money Laundering Act, 2002 in which charges were not yet framed, should be released on bail despite the conditions in Section 45 of that Act.
  2. Whether the appellant's position as a former Minister was relevant to the grant or refusal of bail.
  3. How the right to liberty under Article 21 is to be balanced against the risk of influencing witnesses who had expressed fear for their lives.

Provisions considered

Held

Result

Appeal disposed of with directions: trial court to decide on framing charges by 31.12.2024 and examine the material and vulnerable witnesses in January 2025; appellant to be released on bail on 01.02.2025, or earlier if that examination is completed sooner, subject to conditions including attendance on every date, no influence on witnesses and no appointment to public office other than as MLA during trial. The directions apply only to the ED case in ECIR No. KLZO-11/19/2022.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 627.