TMC MLA Manik Bhattacharya Withdraws Petition Filed In Supreme Court Seeking Bail, Liberty Given To Approach HC Afresh

The Supreme Court on Friday (May 10) granted liberty to TMC MLA Manik Bhattacharya to withdraw his petition challenging the Calcutta High Court's rejection of bail in the money laundering related to cash for jobs scam. The Court has allowed Bhattacharya to file a fresh plea with any additional documents before the High Court and asked the High Court to consider the matter afresh and expeditiously. 

The bench of Justices Bela M Trivedi and Pankaj Mithal while allowing the withdrawal of the appeal passed the following order : 

An application seeking to place additional documents and facts subsequent to the passing of the impugned order by the High Court has been sought to be filed by the counsel for the petitioner..... the High Court may consider the petition as filed by the petitioners on merits and as expeditiously as possible. High Court may consider the matter afresh and in accordance with the law. 

The order came consequent to the petitioner requesting to place additional documents on record. Objecting to this, Justice Trivedi said that procedurally no new documents could be relied upon before the Supreme Court if they do not form part of the earlier High Court records. 

" We are not permitting you to produce the documents which were not part of the High Court....Mr Luthra these documents were not produced before the High Court right? then you go back to the High Court, produce these documents" 

Senior Advocate Mr Sidharth Luthra appearing for the accused contended that the High Court had passed the order of denial of bail without considering the additional documents which he presently wants to place on record. Agreeing to the above observation made by the bench, Mr Luthra requested that the High Court be asked to decide upon the bail expeditiously. 

" There is only one request, I'll move the High Court with these records. The only request is the High Court may consider it expeditiously." 

Additional Solicitor General Mr S Raju appearing for the Enforcement Directorate expressed no objections to the issue of withdrawal. 

Background 

Manik Bhattacharya was arrested on October 10, 2022 in the matter regarding the money laundering matter in the teacher's appointment scam. Partha Chatterjee, then then Education Minister of West Bengal and Arpita Mukherjee were arrested in July of 2022.

The Calcutta High Court on November 16, 2023 rejected the bail application of the TMC leader on the grounds that the petitioner may use his position to impact the investigation. 

" Thus, having regard to the issue relating to which the investigation of the case is being continued, the number of victims being involved, and the accused person being an influential person, whose means, position are beyond question at the State administrative level as also the education department, his release, will have an impact at this stage of the investigation when an outer limit of 31st December, 2023 has been fixed by the Hon'ble Division Bench to conclude the investigation, which is being carried on by the E.D. Having regard to the aforesaid, particularly, with regard to the means, position, the standing of the present petitioner, the gravity of the offence as also the stage of the investigation which is at the final stage, I am of the view that this is not a fit case for the petitioner to be released on bail at this stage."  

The said impugned order was passed after the Apex Court dismissed the earlier petition of Bhattacharya assailing his arrest by the Enforcement Directorate in money laundering matter regarding the teacher's appointment scam. 

Case Details : MANIK BHATTACHARYA Versus DIRECTORATE OF ENFORCEMENT SLP(Crl) No. 016087 - / 2023