All Of Us Are Required To Take Independent, Strong & Perhaps Unpalatable Decisions: Calcutta HC Raps Chief Secy For Not Sanctioning Prosecutions

The Calcutta High Court has hauled up West Bengal's Chief Secretary for failing to sanction the prosecution of the accused in the multi-tier recruitment 'cash for jobs' scam which is being investigated by the Central Bureau of Investigation ('CBI').

On the earlier occasion, a division bench of Justices Joymalya Bagchi and Gaurang Kanth had directed the Chief Secretary to file a report on why he had delayed in sanctioning the prosecution of the accused who were former ministers, and MLAs.

At the present hearing, while perusing the report, the division bench took exception to its contents upon noting that the Chief Secretary was facing difficulties in sanctioning prosecution due to the upcoming general elections. It told the government pleader:

"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 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."

The Court added 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, but that was his duty.

"Everyone of us is required to take independent, strong and perhaps unpalatable decisions, but that is what 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," it said.

The accused in the case include many high-ranking political persons including former education minister Partha Chatterjee and other Trinamool Congress (TMC) MLAs.

Court noted that they had been most indulgent with the Chief Secretary and would give him a last chance to take a decision by the 23rd of April. 

Accordingly, the hearing was adjourned. 

Case: Kuntal Ghosh v CBI & connected matters

Case No: CRM (DB) 172 of 2024 & connected matters