Calcutta High Court rejects bail plea of TMC's Anubrata Mondal in cattle smuggling case

Anubrato Mondal.

The Calcutta High Court on Wednesday rejected the bail prayer of Trinamool Congress leader Anubrata Mondal, observing that he has overwhelming influence not only in society but also the state administration.

Mondal, who was arrested by the CBI in connection with an alleged cattle smuggling case, had prayed for bail on Tuesday, submitting that he has been in custody for over 145 days in connection with the case. The court had reserved its judgment.

Holding that further investigation about the alleged amassing of illegal wealth by Mondal is continuing, the court said that to release him on bail at this stage would adversely affect the morale and confidence of witnesses and seriously impact the collection of evidence during the probe.

Denying bail to Mondal, who is the ruling TMC's Birbhum district president, a division bench presided over by Justice Joymalya Bagchi observed that he continues to hold a powerful political post and has an overwhelming influence not only in society but also the state administration.

"Paramount influence of the petitioner as a political heavyweight and materials collected showing misuse of such power to influence witnesses and derail the investigation places him in a unique position in comparison to others who are on bail," the bench, also comprising Justice A K Gupta, said.

Opposing his bail prayer, it was alleged by the CBI lawyer that as a powerful political personality, the TMC leader illegally aided and abetted “cattle smuggler” Enamul Haque in the venture and used his influence to ensure the smooth passage of cattle through Birbhum and Murshidabad districts to reach the international border in lieu of wrongful gains.

Representing Mondal, senior counsel Kapil Sibal submitted that the main accused Enamul Haque and co-accused Satish Kumar, who was a senior BSF officer at the time of arrest, are on bail.

He claimed that though the CBI had not arrested other accused persons in the case, Mondal was illegally arrested due to his political affiliation.

Noting that it has been argued that the principal accused Haque is on bail and that he has sought bail on grounds of parity, the court said that Haque was released on bail by the Supreme Court after one year.

The division bench noted that Mondal is in custody for about five months and as such he cannot claim parity with Haque. Sibal contended that no legally admissible material has been collected to show that he is a conspirator in the crime and that allegations of threatening witnesses and subverting the judicial process are figments of imagination.

Senior counsel DP Singh, representing CBI, submitted that Mondal is one of the prime conspirators in the organised crime racket.

He claimed that the investigation revealed an active association between Haque and Mondal and his personal security officer Sehgal Hossain, who is also in judicial custody, to facilitate the illegal movement of cattle through Birbhum and Murshidabad to the international border.

It was alleged that Mondal even helped Haque to procure fake sale receipts for the illegal smuggling of cattle.

It was claimed that even after the arrest, his influence remains unabated and he is continuing to threaten witnesses through his men and agents.