Teachers Recruitment Scam| Calcutta HC Applies 'Tripod Test' To Grant Bail To Former Secondary Education Board Administrator
The Calcutta High Court granted bail to the Former Administrator of the West Bengal Board of Secondary Education (WBBSE) Kalyanmoy Ganguly accused in the recruitment of school teachers scam.
The Court applied the tripod test to determine whether the accused should be released on bail. The Court also noted that the accused is a septuagenarian and is in frail health.
The Bench comprising Justice Gaurang Kanth and Justice Joymalya Bagchi observed, “Firstly, we note petitioner is a superannuated individual. He is a septuagenarian and is suffering from frail health. He has strong roots in society. During investigation he responded to the summons issued by the Investigating Agency and was interrogated till the agency considered his custodial interrogation imperative for progress of investigation. These facts lead to the irresistible conclusion that there is no chance of abscondence or evasion of the process of law by the petitioner”.
Senior Advocate Sandipan Ganguly appeared for the Petitioner and Special Public Prosecutor Amajit De appeared for the Central Bureau of Investigation (CBI).
The Petitioner was a former administrator of the WBBSE and was accused of making illegal appointments of teaching and non-teaching staff to schools in the state. He was in custody for 440 days. The CBI filed two charge sheets against him and 15 other accused, including the then minister-in-charge of school education. The Petitioner approached the High Court seeking bail in the matter.
The Court noted the principles for granting bail are well established. They include the nature and seriousness of the offence, the evidence gathered during the investigation, the need for detention for investigation or trial, the risk of flight, the possibility of committing similar offences, and the intimidation of witnesses or tampering with evidence.
Furthermore, the Bench observed that when considering the issue of "bail or jail," the Court must also balance the plea for the freedom of an undertrial against other equally important factors, such as the nature and seriousness of the offense, the need for detention for investigation, and the impact of the accused's release on the progress of the trial.
The Bench applied the tripod test to determine whether the Petitioner should be released on bail. The Bench noted that the tripod test considers three factors: the nature and gravity of the offense, the risk of flight, and the risk of interference with the investigation.
The Court observed that the Petitioner is a septuagenarian and is in frail health. He has strong roots in society and has responded to all summonses issued by the investigating agency. The Court also noted that the Petitioner is no longer able to commit similar offences.
Additionally, the Court noted that while the Petitioner's role in a large-scale corruption scandal is significant, the prosecution has yet to establish a money trail or identify any disproportionate assets. Despite the seriousness of the allegations, the Court noted that it could not justify continued detention solely based on the offence's gravity. The tripod test, which considers absconding, tampering, and other factors, does not support extended detention.
The Court also noted that no sanction was obtained from the appropriate authority to commence prosecution. Accordingly, the Court allowed the Petition.
Cause Title: In Re: Dr. Kalyanmoy Ganguly
