Kolkata top cop can’t be arrested, but must cooperate with CBI: SC
Mamata, BJP claim ‘moral victory’
Kolkata Police Commissioner Rajeev Kumar cannot be arrested, but has to cooperate with the investigations into the Saradha chit fund scam, the Supreme Court (SC) said on Tuesday, what both West Bengal Chief Minister Mamata Banerjee and the Centre claimed as “moral” victory.
Kumar would have to make himself available before the investigating agency, namely the Central Bureau of Investigation (CBI), and “faithfully” cooperate at all times. To avoid controversy, however, the location has been fixed as the agency’s office in Shillong.
A three-judge Bench led by Chief Justice Ranjan Gogoi also issued notice to the chief secretary, director general of police, and police commissioner to file their replies on or before February 18. On consideration of the replies, the court may require the personal presence of the officers on February 20, the order said.
Appearing for the CBI, Attorney General Senior Advocate K K Venugopal alleged that the special investigation team (SIT) of West Bengal Police, headed by Kumar, was not handing over the complete documents.
Some of the documents submitted by them were “doctored” and the SIT had not even sent the laptops and phones seized from the main accused, Sudipta Sen, in the case, Venugopal alleged. In its affidavit submitted before the court, the probe agency also said it had in its investigation found incriminating evidence against senior police officials as well as politicians of the state. Terming it a breakdown of constitutional machinery, the CBI’s lawyer said the officers, who had gone to probe Kumar, were forcibly pushed inside buses and manhandled by police officials of the state.
West Bengal’s counsel senior advocate Abhishek Manu Singhvi in his submissions, however, said the CBI’s actions were an attempt to harass the state government. Raising a question on the urgency being shown by the CBI, Singhvi said there had been no first information reports filed in the case over the past five years and hence, the current action was just to “score a point”.
Banerjee addressed the media shortly after the apex court order and said it was a victory of the people, the Constitution, and democracy. Observers, however, pointed out it could be a partial victory for Banerjee as the top cop would have to appear before the CBI now. Later in the evening, Banerjee called off the dharna, which was in its third day. Flanked by Andhra Pradesh Chief Minister Chandrababu Naidu on the dharna stage, Banerjee announced, after discussion with all other political leaders, it has been decided to call off the dharna. “The order is a victory. Next week, a political programme will be carried out in Delhi.”
Law Minister Ravi Shankar Prasad also described the SC as a great moral victory.
In keeping with the order, Kumar has already written to the CBI stating he would
be available on February 8 in Shillong for questioning.
Meanwhile, the home ministry is understood to have written to the chief secretary that disciplinary proceedings be taken against Kumar as he had joined the dharna. Banerjee, however, refuted the claim and said Kumar never joined the dharna.
In an attack against the BJP, Banerjee on Tuesday flashed a letter by Saradha group promoter, Sudipta Sen, to the CBI in 2013. The letter mentioned ~3 crore had been paid to BJP’s Assam minister, Himanta Biswa Sarma. The minister responded in a tweet: “The frivolous and baseless campaign by @MamataOfficialDidi against me is very painful. I am not fortunate enough like your police commissioner. I’ve joined the investigations and offeredmy full cooperation as a witness. And all this happened much, much before I joined @BJP4India.”
On the SC’s clear directive that no coercive steps, including arrest, shall be taken against the Commissioner of Police, Banerjee said, “We are so obliged. Thank you so much. This will raise the morale of