calcutta-hc-pained-in-delay-of-sanction-to-prosecute-ssc-scam-accused

The Calcutta High Court on Thursday expressed “pain” at the prolonged delay by the West Bengal chief secretary in deciding on the grant of sanction to prosecute former public servants arrested by CBI in the 2016 school jobs case.

 

The high court on April 23 directed the top official to decide on the matter by May 2 in the case.

 

During the day, the state government prayed for seven weeks to decide on granting the sanction. The court termed it a “wilful delay” and said a sanctioning authority “cannot hold prosecution to ransom” by dragging its feet on taking a decision on sanction for prosecution.

 

Stating that it is pained at the delay despite repeated directions by it and setting guidelines on the issue of granting sanction to the chief secretary, a division bench presided by Justice Joymalya Bagchi said that it will hear out the parties and take a decision on bail applications by the accused persons on Friday.

 

The chief secretary, through the state’s advocate general, prayed for seven weeks' time to take a decision on the application for sanction by the CBI.

 

Maintaining that the accused persons were public servants and that there is an allegation of corruption against them and a chargesheet has been filed, the court said that it is an automatic course to take a decision on grant of sanction.

 

Maintaining that it is an “institutional conspiracy”, the court said that the accused persons seemed to be too powerful to subvert the criminal prosecution.

 

On April 9 also, the bench expressed its displeasure over the delay in grant of sanction and directed the chief secretary to take a decision by April 23.

 

The CBI had stated before the court during a previous hearing of the matter that the governor of West Bengal had granted sanction to prosecute former minister Partha Chatterjee.

 

The division bench is jointly hearing the bail prayers of the state’s former Education minister Partha Chatterjee, former secretary of West Bengal School Service Commission Ashok Saha, former SSC chairman Subires Bhattacharyya and former chairman of SSC’s advisory committee Santi Prasad Sinha, who are in custody for about two years in connection with the case.