Calcutta High Court Rejects Minister Partha Chatterjee's Plea For Expunging 'Adverse' Remarks In HC's 24 July Judgment

The Calcutta High Court today rejected an application moved by West Bengal Commerce and Industry Minister Partha Chatterjee to expunge certain 'adverse' remarks made by the High court in its 24 July Order wherein the Enforcement Directorate was direcetd to shift him to AIIMS, Bhubaneswar from state-run SSKM hospital in Kolkata.

It may be noted that the West Bengal minister has been arrested by the Enforcement Directorate on Saturday morning in connection with its investigation into the alleged illegalities in the appointment of teaching staff by the West Bengal Board of Secondary Education in government-sponsored and aided schools on the recommendations of West Bengal School Service Commission.

In a special hearing conducted on Sunday (July 24), the bench of Justice Bibek Chaudhuri had ordered ED to take him to AIIMS as it had noted that the Court's experience with regards to the role of doctors attached to the SSKM hospital in Kolkata (where Minister Chaterjee was admitted) was not satisfactory.

The Court had noted that in the recent past various high ranking leaders of the ruling TMC party had avoided interrogation by investigating authorities by taking shelter at the hospital.

Now, on Monday, Chatterjee moved the High Court praying that the following observation made by the Court in the last paragraph of page 9 of the judgment be expunged:

"Under such background and considering the fact that the accused is the senior most Cabinet Minister in the State of West Bengal having immense power and position, it would not be impossible for the accused with the aide of other political executives to take shelter under the garb of serious illness and medical treatment to evade interrogation. If this happens, the Lady Justice will be cursed by the tears of hundreds and thousands of deserving candidates whose future was sacrificed in lieu of money." [observation made in 24th July's Calcutta High Court order]

Read more about what the Court had observed in its 24th July Order: Calcutta HC Says Influential Accused Take Shelter In State-Run Hospital; Orders Minister Partha Chatterjee To Be Shifted To AIIMS Bhubaneswar

Now today, before the Court, it was submitted that if this observation is allowed to be retained, this will hamper adversely the fate of the application for bail of the accused, however, the Court expressed its inability to entertain the prayer in view of the specific provision under Section 362 of the Code of Criminal Procedure [Court not to after judgment].

The Court further said that it made the above observation in the judgment/order dated 24th July, 2022 taking into consideration all the facts and circumstances of the case. Therefore, the Court said, there is no reason to modify or change the observation made by the Court.

Significantly, before parting with the order, the Court recorded that in the instant application, the applicant had averred that the Court did not give any opportunity to the opposite party to file affidavit-in-opposition.

However, stressing that this averment was blatantly false, the Court remarked thus:

"It is specifically recorded that no such prayer was made on behalf of the opposite party at the time of hearing of the revisional application on 24th July, 2022. The learned Advocate for the opposite party took part in the hearing of the revisional application and all his submission was recorded in the judgment/order dated 24th July, 2022. Thus, it is recorded that the averment made in paragraph 7 of the instant application filed by the applicant/opposite party is blatantly false."

With this, the application filed on behalf of the opposite party was disposed of.

Background of the case

Essentially, on July 24, the High Court was hearing a plea moved by the Enforcement Directorate against orders of the concerned Chief Metropolitan Magistrate permitting the minister to seek treatment at SSKM Superspeciality Hospital in Kolkata after he had complained of illness and sought immediate medical attention.

The minister's bail application had been rejected by the lower court and he was remanded to the custody of the Enforcement Directorate till July 25.

In its order, the Court had directed ED to transfer him to AIIMS, Bhuvaneshwar and had further made the following observations:

Case title - Enforcement Directorate Vs. Partha Chatterjee

Citation: 2022 LiveLaw (Cal) 277 

Click Here To Read/Download Order