ED is instructed to fly Partha Chatterjee from SSKM Hospital in Kolkata to AIIMS, Bhubaneswar

*Paromita Das

The Enforcement Directorate’s request to transfer West Bengal Minister and detained TMC leader Partha Chatterjee from the publicly funded SSKM Hospital in Kolkata to AIIMS Bhubaneswar was accepted by the Calcutta High Court on 24 July. Partha Chatterjee, a West Bengal Cabinet Minister and former Education Minister, was being treated at the SSKM hospital in Kolkata when the Enforcement Directorate filed a petition in the Calcutta High Court asking for his transfer to the Command hospital. The TMC leader was initially intended to be transferred to the Army Command Hospital in Kolkata by the ED. but they later suggested that he could be transferred to any AIIMS in Delhi, Bhubaneswar, etc. The high court agreed to this suggestion and mandated that he be transferred to AIIMS Bhubaneswar.

On July 24, 2022, a single bench of the Calcutta High Court presided over by Justice Bibek Chaudhuri heard the ED petition and ruled that the accused should be transported by air ambulance to AIIMS Bhubaneswar. After a local court ordered Partha Chatterjee to be admitted to a hospital yesterday, the ED moved the plea earlier today. He had complained of chest pain after being remanded to ED custody for two days in the SSC teacher recruitment scam, so the court allowed him to be transferred to the SSKM hospital rather than ED custody.

Partha chatterjee wil be taken to AIIMS #Bhubaneswar . See Calcutta HC order @news18dotcom pic.twitter.com/PHkHjcTXGp

— Kamalika Sengupta (@KamalikaSengupt) July 24, 2022

In its order, the Calcutta High Court stated: “This Court passes the following direction in order to assist the learned Trial Judge in making an appropriate decision on the aforementioned issue: The Investigating Agency is instructed to fly the accused to AIIMS, Bhubaneswar on July 25, 2022, as soon as possible. The accused will be transported by ambulance from S.S.K.M. Super specialty Hospital to Netaji Subhash Chandra Bose Airport Calcutta. A S.S.K.M. Super specialty Hospital physician and an attorney for the accused will accompany him. A team of cardiology, nephrology, respiratory medicine, and endocrinology specialists from the AIIMS, Bhubaneswar Authority are to examine the accused medically.

The High Court further ordered that by 3:00 p.m. on July 25, 2022, “The AIIMS, Bhubaneswar will prepare a report and hand over the same to the Investigating Officer, Medical Officer of S.S.K.M. Super specialty Hospital, and the learned Advocate for the Accused.” In accordance with the Prevention of Money Laundering Act, the Investigating Officer must send a soft copy of the aforementioned medical report to his counterpart in Calcutta, who will then present it to the Judge.

The High Court announced the next hearing date as follows: “The learned Special Judge, shall take up the hearing of the case on July 25, 2022, at 4:00 p.m. According to the West Bengal Act 20 of 2004’s Section 31, the Investigating Officer must make the necessary arrangements for the accused’s production via electronic video linkage in accordance with the amendments made to Clause (b) of Subsection (2) of Section 167 of the Code of Criminal Procedure.

The High Court had reserved its judgement following the hearing. Partha Chatterjee’s attorney at the time, Ayan Poddar, had informed the media that the court had reserved the judgement and would soon issue the final order. The ED suggested that he be transferred to a different hospital, such as AIIMS Delhi or Bhubaneswar, but the court said nothing about it.

As of now, Court has reserved the judgement & final order will be pronounced shortly. ED gave proposal that he can be shifted to some other hospital like AIIMS Delhi, Bhubaneswar but the court did not say anything about it: Ayan Poddar, lawyer of West Bengal Min Partha Chatterjee pic.twitter.com/17Ru1LxkEc

— ANI (@ANI) July 24, 2022

Furthermore, he added, “Court also made a suggestion that doctors from AIIMS be called in for his checkup. The court’s ultimate decision is awaited.

Court also gave a proposal that doctors of AIIMS can be called here for his checkup. The final order of the court is awaited: Ayan Poddar, lawyer of West Bengal cabinet minister Partha Chatterjee

— ANI (@ANI) July 24, 2022

Prior to this, the ED pleaded with the Court to disregard the accused’s hospital stay when calculating custody. “The time spent in the hospital should not be treated as custody,” argued the central investigating agency. We can take him to the top hospital in Delhi or AIIMS Kalyani if he needs medical attention. Justice Bibek Chaudhuri responded by citing the cases of Madan Mitra and Anubrata Mondal, both of whom were admitted to the hospital because it is a safe place.

Another appeal from ED is that the period of hospital should not be treated as Custody. If he needs medical treatment we can take him to the best hospital in Delhi or AIIMS Kalyani.

— ANI (@ANI) July 24, 2022

Partha Chatterjee was detained by the Enforcement Directorate on July 23, 2022, in connection with the West Bengal teacher recruitment scam. One day after a sizable cash stash was discovered in actor Arpita Mukherjee’s home, TMC leader Partha Chatterjee was detained. After discovering Rs 21 crore in cash at her home, Arpita Mukherjee, a close aide to West Bengal Minister Partha Chatterjee, was taken into custody.

While the CBI looks into possible irregularities in the School Service Commission (SSC) recruitment, the ED is tracking the money trail in the scandal. After being detained, Partha Chatterjee was brought before the Bankshall Court in Kolkata. He was placed in ED care. Partha Chatterjee experienced symptoms of chest pain while in custody and was taken urgently to the SSKM hospital in Kolkata. Arpita Mukherjee was also given a one-day detention order today.