Saradha Chit-Fund Scam: Calcutta High Court Permits TMC Leader Kunal Ghosh's Travel To Spain As Bengal Global Business Summit Delegate

The Calcutta High Court has recently allowed an application for relaxation of bail conditions moved by Trinamool Congress (TMC) leader and journalist Kunal Ghosh, an accused in the Saradha Chit-fund scam.

Ghosh, who had been selected as a delegate in the Bengal Global Business Summit 2023, had prayed for the Court’s permission for foreign travel to Madrid and Barcelona, accompanying West Bengal Chief Minister Mamata Banerjee, in order to solicit business investments for the State of West Bengal.

In allowing his application, a division-bench of Justice Joymalya Bagchi and Justice Gaurang Kanth held:

Petitioner is on bail since 2017. There is no allegation of misuse of liberty. He has not yet been convicted. Right to go abroad is a fundamental right and ought not be restricted unless interest of justice demands such a course. Nothing is placed on record to show the course of trial would be hampered if the petitioner is permitted to go abroad. Presently he has been selected as a delegate of Bengal Global Business Summit (BGBS), 2023 to accompany the Chief Minister to Madrid and Barcelona in Spain to invite investments. Though we refrain from commenting on the wisdom of the State machinery to select an undertrial to represent itself in a foreign country to invite investments, the right of the petitioner to go abroad is unexceptionable.

Court noted that the petitioner, on bail since 2017, had earlier been given liberty to travel to Singapore and Chicago, for various reasons, and did not misuse the liberties granted to him.

The Central Bureau of Investigation (“CBI”) argued that the petitioner had taken inconsistent stances regarding his foreign travel, and on such grounds his prayer may be declined.

Based on his earlier conduct, while refraining to comment on the decision to delegate an undertrial to represent the State at an international business conclave, the Court upheld the right of the petitioner to travel abroad to Spain between 12^th and 23^rd September 2023, and directed his wife to furnish a bond of Rs 5 lakhs, upon fulfilment of which, the petitioner’s passport would be returned to him.

Court directed the petitioner to surrender his passport to the trial court immediately after his return, not later than 25^th September 2023, and directed the matter to appear for further directions on the 28^th of September 2023.

Case: Kunal Ghosh v CBI

Case No: CRM 7648 of 2016

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