The former president of the West Bengal Board of Secondary Education (WBBSE), Dr. Kalyanmoy Ganguly, was granted bail by the Calcutta High Court on Wednesday, more than a year after he was detained. Ganguly was named as one of the main suspects in the notorious school jobs for cash scam case.
A division bench of Justices Gaurang Kanth and Joymalya Bagchi observed that Ganguly had been detained for almost 440 days and that it is unlikely that the case’s trial will start anytime soon. Before granting Ganguly’s release on bond, the court also took into account his history of illnesses.
It is unclear when the trial will end, even though the investigation seems to be headed in the right direction given the quantity of witnesses and extensive documentation that are expected to be presented in the two charge sheets that have been submitted thus far. We believe that there is little chance that the criminal case will begin, even in the near future, given the current state of affairs. He’s an elderly man with a number of medical conditions,” the Court noted.
The Court further stated that denying bail would be equivalent to punishing Ganguly by keeping him in custody as an under-trial prisoner. The Court reasoned that, as he has not interfered with the evidence or absconded, the seriousness of the alleged offence cannot be the only reason for his continued incarceration.
“The accusations are undoubtedly serious and involve wrongdoing that has a negative effect on society as a whole, but as of right now, there is no evidence of the petitioner’s excessive wealth or financial trail. The Enforcement Directorate (ED) has opened an investigation under the Prevention of Money Laundering Act (PMLA), but the petitioner has not been detained or questioned in connection with the case, the court noted.
The Court further stated that the claimed offences did not carry a mandatory life sentence. The judges decided to give Ganguly bail after concluding that his prolonged incarceration would violate the Indian Constitution’s Article 21 provisions guaranteeing justice and a fair trial. The prosecution claimed that Ganguly had given “fake” appointment letters to over 380 applicants for teaching and non-teaching (clerical) positions at the State Education Department after their exams were unsuccessful. This is said to have occurred when Ganguly was the WBBSE President.
Additionally, the prosecution argued that Ganguly is closely associated with the Minister in charge of the Department of Education, who is one of the co-accused in this case. It went on to claim that Ganguly had illegally nominated candidates by abusing his position of authority and misusing it. The court did point out that the Central Bureau of Investigation (CBI) still lacks the necessary prior approval from the relevant authorities to bring charges against the former President of the WBBSE. The High Court discovered that even though two charge sheets were submitted, the relevant court has not yet given the case its full attention.
Consequently, the Court believed that Ganguly ought to be freed on bond, especially in light of his advanced age, retirement, weakened health, and lack of likelihood of “misusing” his official authority. “We take note of the petitioner’s superannuation status. He is a septuagenarian with deteriorating health. He is deeply ingrained in society. He answered the investigating agency’s summons during the course of the investigation, and he was questioned until the agency determined that his detention was necessary for the investigation to move forward. These factors compel the indisputable conclusion that the petitioner has no possibility of escaping justice or avoiding the legal system,” the Court declared.
The CBI claimed that if Ganguly were to be allowed bail, he could manipulate witnesses and alter evidence, but the Court dismissed this claim as well. In response, the bench noted that the documents used as evidence in this case were already in the custody of the prosecution.
