The high court on Friday granted bail to former education minister Partha Chatterjee in a case of alleged irregularities in appointments to state-aided schools, being investigated by the CBI.
Chatterjee has been in custody for over three years since his arrest in July 2022. Justice Suvra Ghosh, while granting bail, said that “striking a balance between the factors determining grant of bail and liberty of the petitioner as enshrined under Article 21 of the Constitution... this court is of the view that further detention of the petitioner is not justified and he may be released on bail subject to stringent conditions.”
Article 21 states that no person shall be deprived of their life or personal liberty except according to procedure established by law.
Despite the bail order, Chatterjee would not be able to leave jail immediately, senior CBI officials said. This is due to a Supreme Court directive issued on August 18. A division bench comprising Justices M.M. Sundresh and N. Kotiswar Singh had granted bail in a separate CBI case concerning appointment irregularities in state-aided schools but ordered Chatterjee’s release only after the trial court completes the examination of material witnesses within two months.
The apex court had also mandated that charges under the Prevention of Corruption Act be framed within four weeks and witness statements be recorded within two months.
Although charges have been framed in the case, lawyers at Calcutta High Court noted that the recording of witness statements was still ongoing and expected to conclude only after the courts reopen after the Puja vacation. This means Chatterjee is unlikely to be able to furnish his bail bond or secure immediate release.
The high court imposed several bail conditions on Chatterjee: he must surrender his passport to the trial court, appear for every court hearing, and meet the investigating officer weekly. It also barred him from holding any public office during the investigation and trial, except for his current role as a member of Bengal’s legislative assembly.
Chatterjee is also restricted from leaving the jurisdiction of the trial court without permission, engaging in any criminal activity, or communicating with witnesses to prevent tampering or intimidation. He must submit his mobile phone number to the court and the investigating agency.
Justice Ghosh noted that Chatterjee had already been granted bail in a case investigated by the ED. “The investigation of the present case is in fact a continuation of the investigation of the ED case, which was initiated more than three years ago,” she said.
The court observed that the CBI had not interrogated Chatterjee since October 15, 2024, and that his co-accused, Manik Bhattacharya, was also out on bail.
“There is little possibility of commencement/conclusion of trial in the near future. It is a trite law that incarceration of an under-trial should not amount to punitive detention,” the judge said.
Chatterjee was arrested by the ED on July 22, 2022, following a night-long raid on his Naktala residence. The agency claimed to have seized incriminating documents relating to 12 immovable properties linked to his close associates, as well as paperwork related to the appointment of Group D staff in schools.
“Allegations against the petitioner involve abuse of his official position, which he no longer holds. He, therefore, cannot be said to be in a position to misuse his office or commit similar offences,” Justice Ghosh said.