SC raises concerns over prolonged detention and low ED conviction rates

The Supreme Court on Wednesday, November 26, expressed apprehensions regarding the prolonged detention of individuals without trial and highlighted the low conviction rates in cases pursued by the Enforcement Directorate (ED).

The observations were made by a bench comprising Justices Surya Kant and Ujjal Bhuyan while hearing a petition filed by former West Bengal education minister Partha Chatterjee in connection with a money laundering case.

Chatterjee has been in custody for over two and a half years since his arrest on July 23, 2022, prompting the court to examine the implications of extended incarceration without a conclusion to the trial.

Chatterjee’s legal representative emphasised the lengthy duration of his detention, noting that the 73-year-old had already spent more than a third of the maximum penalty under the Prevention of Money Laundering Act, which prescribes up to seven years of imprisonment. The defence also pointed to the complexity of the trial, which involves 183 witnesses and four supplementary prosecution complaints, suggesting that an early resolution appears unlikely.

During the proceedings, the court underscored the importance of addressing delays in the judicial process and sought clarity on the ED’s conviction rates. While the Additional Solicitor General defending the ED argued that such matters must be evaluated on a case-by-case basis, the court voiced concern over the implications for accused individuals awaiting trial outcomes.

The bench has scheduled the matter for further consideration next week.