"High Courts Are Having Divergent Views In Bail Matters!": Supreme Court Expresses Concern

A Bench of Justice Surya Kant and Justice NK Singh questioned the judicial trend after being informed that the Calcutta High Court had delivered a divided opinion on bail applications in the cash-for-jobs scam case, and told Additional Solicitor General SV Raju, “We have reached a stage where in bail matters there are dissenting opinions. Mr. Raju, what is happening? In bail matters, High Courts are having divergent views!"

The Court was hearing Chatterjee’s bail plea in the CBI’s corruption case under the Prevention of Corruption Act, which is linked to the alleged irregularities in the recruitment of Assistant Teachers under the West Bengal Board of Primary Education.

“Trial is not moving. Sanction qua me was granted. Sanction qua co-accused is not coming,” Chatterjee's counsel submitted before the Court. He also submitted that Chatterjee's health was in a "precarious condition" and he was in the ICU.

Appearing for the CBI, ASG SV Raju confirmed that the delay was on the part of the State and suggested that Chatterjee’s bail application be heard along with those of the co-accused, which are listed in July. Raju also contested the claim of Chatterjee’s poor health, alleging he was “faking his condition” and was “neck-deep in corruption.”

The Bench directed the State of West Bengal to take a decision within two weeks regarding the sanction to prosecute the co-accused in the case, and further adjourned the matter till July 17, directing that it be heard along with the petitions filed by co-accused whose bail pleas were also rejected.

The Court, however, clarified that it was not expressing any opinion on the merits of the case since the State and the co-accused were not before it. However, it issued clear directions for the State to take a stand on the sanction issue to enable the trial to proceed.

In December 2024, the Apex Court had granted bail to Chatterjee in a related money laundering case under PMLA, effective from February 1, 2025. The Court had held, "A suspect cannot be held in custody indefinitely and undertrial incarceration should not amount to punitive detention. The Court would nevertheless ensure that affluent or influential accused do not obstruct the ongoing investigation, tamper with the evidence or influence witnesses, namely, axes that undermine the fundamental doctrine of a fair trial."

However, he remained in custody in the CBI’s corruption case.

The alleged scam, which surfaced in 2022, led to the arrest of several top officials, all of whom had been accused of demanding bribes in exchange for teaching jobs, and were booked under the Prevention of Corruption Act and PMLA.

The split verdict from the Calcutta High Court in November 2024 had seen one judge allowing bail to all accused, while the other denied relief to Chatterjee and four other senior education officials.

Cause Title: Partha Chatterjee v. CBI (SLP (Crl) No. 2471/2025)