The Centre was returning for correction the anti-chit fund Bill sent to it — in the wake of the Saradha chit fund scam — by the Bengal Government for Presidential assent, sources in the Writers’ Buildings said.
The Mamata Banerjee Government had drafted the new West Bengal Protection of Depositors in Financial Establishment Bill, 2013 —with retrospective effect —and sent it to the Centre for presidential assent early last month.
The Chief Minister had then claimed that the new Bill would have sufficient safeguard against future ponzi fund frauds, as also it would bring to book the swindlers like Sudipta Sen, the chairman of Saradha group, who was currently cooling his heels in jail after his company defaulted in payment of thousands of crores to its depositors, mostly the rural poor.
According to the reports, the Union Home Ministry has returned the Bill with queries and for necessary corrections wondering, how a criminal offence could be made punishable retrospectively.
The Constitution allows only civil laws to have retrospective effect whereas it bars similar provisions for the criminal laws.
The return of the Bill could cause yet another embarrassment for the State Government already under pressure on a host of issues, the chit fund scam to name one.
Decrying the State Government’s move, retired Justice Bhagwati Banerjee wondered, “How the legal minds behind the draft could give such an advice to the Government as it was destine to fail the test of Constitutional Provisions.”
Congress leader Nirbed Roy said, “The Government drafted a Bill intentionally in order to afford more time to the likes of Sudipta Sen as many of its leaders were in league with him.”
Opposition leader and CPI(M) Politburo member Suryakanto Mishra said, “The Government called back the earlier Bill prepared by the left Front Government and pending with the Centre, in order to hush up the present case. People will take account of this in the panchayat elections.”