By Express News Service
NEW DELHI: The Supreme Court on Thursday dismissed a plea by former chairman of the West Bengal Board of Primary Education and Trinamool Congress leader Manik Bhattacharya challenging his arrest by ED in the money laundering matter relating to alleged irregularities in primary teachers’ appointments.
A bench of Justices Aniruddha Bose and Vikram Nath while pronouncing their order said, “We’ve dismissed both the applications.” On the intervening nights of 10th and 11th October, he was arrested by the ED for failing to cooperate with the agency’s investigation.
Challenging his arrest by the ED irrespective of the protection granted by SC, Senior Advocate Mukul Rohatgi had earlier submitted before the court that ED had not recovered anything from him and that CBI & ED were both in the picture since June.
“They haven’t recovered anything from me. At the end of the day, where do we stand? I’ve appeared on every date. It’s true that there are different offences, but it’s true that unless there isn’t any predicate offence there can’t be any ED. Not a penny was recovered from my premises. Nobody can say that I took it this/that way. If you have a doubt you know CBI is appearing. Unless there isn’t any predicate offence there can’t be any ED offence. They have filed a final report in Partha’s case. They have filed it against him & not me,” Rohatgi had further added.
ALSO READ | ED arrests TMC MLA Manik Bhattacharya in teachers’ recruitment scam
Drawing the court’s attention to the affidavit filed by the ED against Manik, Solicitor General Tushar Mehta argued that the investigation by ED was an independent investigation which was to be done by an independent agency. He also added that Manik had sought to short-circuit the remand order by filing an application challenging his arrest and not filing a bail application.
“He wants to short circuit the order & without filing any bail application he files an app declaring his custody as illegal. He may have all his remedies, whatever remedies are under CrPC. We’re dealing with corruption in high offices,” Mehta had added.
ED’s affidavit stated that Bhattacharya was the key person in the entire scam of offering jobs in lieu of money. It was also stated by ED that Bhattacharya had remained uncooperative during the course of statements recorded under section 50 of PMLA,2002 and had continuously tried to mislead the investigation by suppressing facts and details on the source of funds accumulated in the name of his family members.
ALSO READ| TMC MLA Manik Bhattacharya in ED office to face questioning about teacher recruitment scam
“From the scrutiny of the documents as well as digital evidence the role of Shri Manik Bhattacharya has clearly surfaced in money-laundering activities and concealing the proceeds of a crime connected to the criminal activity relating to giving jobs in an unfair manner to ineligible candidates,” the ED’s affidavit stated.
Earlier, SC had directed the CBI to continue its investigation in connection with the scam and submit a report. Court also extended the order protecting Bhattacharya in the CBI probe till further orders.
NEW DELHI: The Supreme Court on Thursday dismissed a plea by former chairman of the West Bengal Board of Primary Education and Trinamool Congress leader Manik Bhattacharya challenging his arrest by ED in the money laundering matter relating to alleged irregularities in primary teachers’ appointments.
A bench of Justices Aniruddha Bose and Vikram Nath while pronouncing their order said, “We’ve dismissed both the applications.” On the intervening nights of 10th and 11th October, he was arrested by the ED for failing to cooperate with the agency’s investigation.
Challenging his arrest by the ED irrespective of the protection granted by SC, Senior Advocate Mukul Rohatgi had earlier submitted before the court that ED had not recovered anything from him and that CBI & ED were both in the picture since June.
“They haven’t recovered anything from me. At the end of the day, where do we stand? I’ve appeared on every date. It’s true that there are different offences, but it’s true that unless there isn’t any predicate offence there can’t be any ED. Not a penny was recovered from my premises. Nobody can say that I took it this/that way. If you have a doubt you know CBI is appearing. Unless there isn’t any predicate offence there can’t be any ED offence. They have filed a final report in Partha’s case. They have filed it against him & not me,” Rohatgi had further added.
ALSO READ | ED arrests TMC MLA Manik Bhattacharya in teachers’ recruitment scam
Drawing the court’s attention to the affidavit filed by the ED against Manik, Solicitor General Tushar Mehta argued that the investigation by ED was an independent investigation which was to be done by an independent agency. He also added that Manik had sought to short-circuit the remand order by filing an application challenging his arrest and not filing a bail application.
“He wants to short circuit the order & without filing any bail application he files an app declaring his custody as illegal. He may have all his remedies, whatever remedies are under CrPC. We’re dealing with corruption in high offices,” Mehta had added.
ED’s affidavit stated that Bhattacharya was the key person in the entire scam of offering jobs in lieu of money. It was also stated by ED that Bhattacharya had remained uncooperative during the course of statements recorded under section 50 of PMLA,2002 and had continuously tried to mislead the investigation by suppressing facts and details on the source of funds accumulated in the name of his family members.
ALSO READ| TMC MLA Manik Bhattacharya in ED office to face questioning about teacher recruitment scam
“From the scrutiny of the documents as well as digital evidence the role of Shri Manik Bhattacharya has clearly surfaced in money-laundering activities and concealing the proceeds of a crime connected to the criminal activity relating to giving jobs in an unfair manner to ineligible candidates,” the ED’s affidavit stated.
Earlier, SC had directed the CBI to continue its investigation in connection with the scam and submit a report. Court also extended the order protecting Bhattacharya in the CBI probe till further orders.
