On Tuesday (9th April), the Calcutta HC pulled up West Bengal Chief Secretary BP Gopalika over the delay in sanctioning prosecution in the ‘cash for jobs’ scam. The Central Bureau of Investigation (CBI) is probing the case and has sought the court’s intervention to grant prosecution sanction against the accused who were former TMC ministers, and MLAs. The court rapped the Chief Secretary asking, “Is there any ‘level playing field’ for prosecution agencies in West Bengal?”
The division bench comprising Justices Joymalya Bagchi and Gaurang Kanth is jointly hearing the bail prayers of Former Minister Partha Chatterjee and other Trinamool Congress (TMC) MLAs. They highlighted that on 3rd April, the court had issued a clear order directing the Chief Secretary to submit a report highlighting the time frame in which he will grant sanction in this case. Despite the order, the bench noted that he did not clarify his stand. On the contrary, he sought more time to decide this matter citing the upcoming Lok Sabha elections.
Coming down heavily on the government counsel, the bench remarked, “Are you an agent or a lawyer? This is the way you submit? Your duty is to haul him up. How do general elections stand in the way of the administration of criminal justice? Have you stopped investigating crimes? Within 7 days you take a decision. These people [CBI] cannot wait (for) your luxury, We indicated that the Chief Secy should not get influenced by those who have no power over him. Sanction is an independent decision. He is not governed by anyone.”
Expressing displeasure over the delay, the Court said that it was more troubled to note that the CBI officers, who have invested their time and energy to investigate these cases, were now awaiting only the sanction.
Justice Bagchi said, “Today, we feel if this is the situation, how far is West Bengal a neutral field for trials.. this is something which even the prosecuting agencies need to consider. If this is a circumstance in which a prosecuting agency has to prosecute, will the agency be able to have a level playing field?”
The Court opined that it respects the Chief Secretary’s standing to take such a decision that may make him unpopular to the political executive of the state, however, adding that it was his duty.
It noted, “Everyone of us is required to take independent, strong and perhaps unpalatable decisions, but that is what the rule of law is. We cannot allow this. What is troubling us is that these people who have investigated have their hands tied because a decision on sanction is not taken.”
The Calcutta HC castigates the TMC government for standing with the accused
The Calcutta HC further expressed displeasure with the state government for standing with the accused persons in the scam.
The court observed, “At least the State of West Bengal shall not stand up for this sort of indifference. These accused may be officers or former ministers of some party, it does not matter. We all need to uphold the rule of law and everyone has to be made accountable for their deeds. We are seeing this sanctioning situation has become extra-ordinary in this case.”
In its order, the bench stated that the Chief Secretary failed to apply his mind to the matter and submitted a ‘laconic’ report. It added that he failed to consider the magnitude of responsibility to submit the sanction within a time frame.
The court further remarked, “We are left to wonder why the highest civil servant of the State has not discharged his bounden statutory duties in a prompt manner, resulting in an undesirable hiatus to the progress of the prosecution in cases involving deep-rooted corruption in the high offices of this State.”
Notably, the School Jobs for Cash Scam or recruitment scam pertains to illegal recruitments made in the primary and secondary schools across the State, during the recruitment process of 2016. The accused in the case include many high-ranking TMC politicians including former education minister Partha Chatterjee and other Trinamool Congress (TMC) MLAs – Manik Bhattacharya and Jiban Krishna Saha. They are behind bars along with suspended TMC leaders like Santanu Kundu and Kuntal Ghosh.
The court concluded the recent hearing by noting that they had been most indulgent with the state Chief Secretary and consequently gave him a last chance to decide on the matter by the 23rd of April.
