SUPREME COURT SHAKES UP POLITICAL LANDSCAPE: TMC LEADER ANUBRATA MONDAL GRANTED BAIL IN CATTLE SMUGGLING SCANDAL
Category: Criminal Law
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This verdict was passed by a bench headed by Justices Bela M. Trivedi and Satish Chandra Sharma who pointed out that trial cannot be expected to start in near future which was an influencing factor for them.
CASE BACKGROUND:
One key TMC leader that has been arrested is Anubrata Mondal who is the Birbhum district president of the TMC was arrested by the central Bureau of Investigation (CBI) in August 2022. He was arrested in connection with a more massive scandal related to the smuggling of cattle to the tune of more than Rs. 100 crore, wherein the accused used to supply cows and buffalos from India to Bangladesh most often from the Birbhum district. The case has been recognized by its complication and by involvement of several agencies, notably the CBI as well as Enforcement Directorate (ED). Mondal was arrested for the first time by CBI and then arrested again by ED in the month of November, 2022 adding more woes to his arrest.
CONTENTION OF PARTIES
New concerns were also raised during the bail hearing regarding the capacity of the defence to conduct sufficient preparation. Presenting the contention of the accused Mondal, the senior advocate Mukul Rohatgi pointed out that the defence was yet to be supplied with the English translation of some of the critical records such as the charge sheet that is drawn in Bengali and runs into more than one thousand pages. This delay was highlighted as leading to a situation where a proper defence could not be completed, thereby throwing doubt over the fairness of the trial process. Rohatgi also raised the issue of protracted detention without trial pointing to the fact that Mondal has been in custody for almost two years but no time frame has been provided for when the trial will commence.
In response to this, Additional Solicitor General SV Raju raised fears that Mondal stood in a position that would influence the process in case he was released on bail. To this, Rohatgi responded that the principal accused in the smuggling syndicate was recently released to bail, which he said was prejudicial to the principle that accused persons were being treated fairly in like manner. These arguments and reasoning weighed the court, and it was on this basis that the court justified awarding of bail since there were no trial proceedings that could be commenced immediately.
JUDGEMENT:
The Supreme Court’s decision enables Mondal to influence the decision and get himself out of jail, the decision is made with certain parameters. He is expected to hand over his passport and has to abide with all the trial processes that are still continuing. Even after being released by the CBI on bail, Mondal will continue to stay in custody thanks to the investigations carried out by the ED also levied charges against him in regard to the same scandal.
The case remains a media interest to this day, not only due to the various legal issues addressed but for the political implications that it brings to the ruling party of West Bengal. As the case develops further, the consequences of this decision in politics might be examined due to the issues of bureaucracy and corruption in the state. The judgment of the Supreme Court in this case has now been delivered and assumes importance that goes beyond the confines of the courtroom because of how law and politics interact in modern Indian society.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide. WRITTEN BY: ABHISHEK S CHAUHAN
GUIDED BY: ADVOCATE ANIK
