BREAKING| Calcutta HC Says Influential Accused Take Shelter In State-Run Hospital; Orders Minister Partha Chatterjee To Be Shifted To AIIMS Bhubaneswar

The Calcutta High Court in a special hearing held on Sunday ordered the Enforcement Directorate to shift West Bengal Commerce and Industry Minister Partha Chatterjee to AIIMS, Bhubeneswar on Monday early morning from state-run SSKM hospital in Kolkata. 

The West Bengal minister was 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. 

Justice Bibek Chaudhuri 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 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. 

Chatterjee was arrested by the Enforcement Directorate on Saturday after the officials from the central agency conducted a raid at his residence and several others in connection with the investigation into the alleged recruitment scam. The Enforcement Directorate officials on Friday had recovered a huge amount of cash amounting to approximately Rs 20 crore from the residential premises of Arpita Mukherjee, a close aide of Chatterjee.

Pursuant to a perusal of rival submissions, Justice Chaudhuri observed that the Court's experience with regards to the role of doctors attached to the SSKM hospital in Kolkata is not satisfactory and that in the recent past various high ranking leaders of the ruling TMC party have avoided interrogation by investigating authorities by taking shelter at the hospital. 

"However, our experience as a common man with regard to the role of the doctors attached to S.S.K.M. Super speciality Hospital is not happy. In recent past, more than one high ranking political leaders belonging to the ruling political party were arrested or directed to appear before the Investigating Authority for interrogation and they successfully avoided interrogation by the Investigating Agency taking shelter in the said hospital. When they found that there was no possibility for the Investigating Agency to interrogate the suspects having strong political background under the umbrella of ruling political party, they were discharged from S.S.K.M. Super speciality Hospital. They avoided even production before the Court on the strength of medical report issued by the said hospital authority", the Court underscored. 

The Court also acknowledged that since Chatterjee is the senior most Cabinet Minister in the State of West Bengal, he exudes immense power and thus it is not unlikely for him to take shelter under the garb of serious illness and medical treatment to evade interrogation.

Opining that this would result in a miscarriage of Justice, the Court remarked further, 

"..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."

The Court also set aside Magistrate's direction allowing Chatterjee's advocate to be present during ED interrogation.

Issuing a slew of directions to ensure that Chatterjee is shifted to AIIMS, Bhubeneswar for medical treatment, the Court ordered,

(i) The Investigating Agency is directed to take the accused by air ambulance to AIIMS, Bhubeneswar in the early morning on 25th July, 2022.

(ii) The accused shall be taken to NSC Bose Airport, Calcutta by an ambulance of S.S.K.M. Super speciality Hospital.

(iii) He will be accompanied by a doctor of S.S.K.M. Super speciality Hospital and an Advocate for the accused.

(iv) The AIIMS, Bhubeneswar Authority is directed to medically examine the accused by a team of specialist doctors of Cardiology, Nephrology, Respiratory Medicines and Endocrinology. 

The Court also ordered AIIMS, Bhubeneswar to prepare a medical report and handover copies of the same to the Investigating Officer, Medical Officer of SSKM Super speciality Hospital and the counsel for the accused by 3:00 p.m on Monday. The concerned Investigating Officer of the Enforcement Directorate was further directed to handover the concerned medical report to the Special Judge under the Prevention of Money Laundering (PML) Act, 2002. 

The Court also instructed the concerned Special Judge to hear the case at 4 pm on Monday and also asked the investigating officer to make necessary arrangements so that Chatterjee can be produced before the Court through video conferencing.  

Partha Chatterjee had been the education minister when the alleged scam in teacher recruitment took place in 2014. The Central Bureau of Investigation (CBI) pursuant to the directions of the Calcutta High Court had started investigating into the scam. 

Case Title: Enforcement Directorate v. Partha Chatterjee

Citation: 2022 LiveLaw (Cal) 276 

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