Gulf Times

Apex court lifts stay on ex-top cop’s arrest in Saradha probe

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The Supreme Court yesterday vacated the interim protection granted to former Kolkata police commission­er Rajeev Kumar from arrest by the CBI in the multi-crore Saradha chit fund scam case.

The investigat­ing agency has accused Kumar of tampering with the evidence in the chit fund scam to shield powerful politician­s. The court has expressed concern over the manner in which the chit fund scam case has panned out, while vacating its February 5 order granting interim protection from arrest to Kumar.

A bench comprising chief justice Ranjan Gogoi, justice Deepak Gupta and justice Sanjiv Khanna said: “We would withdraw the protection given to Rajeev Kumar, former commission­er of police, Kolkata, vide our order dated February 5, 2019 restrainin­g the CBI from arresting him and thereby, leave it open to the CBI to act in accordance with the law.”

The court, however, granted Kumar seven days to take appropriat­e legal remedies.

“At the same time, we direct that the interim order dated February 5, 2019, would continue for a period of seven days from the date of pronouncem­ent of this order to enable Kumar to approach competent court for relief, if so advised,” said the court.

The court observed that in the contempt proceeding­s it cannot determine whether or not Kumar should be arrested by the CBI for custodial interrogat­ion.

The Central Bureau of Investigat­ion (CBI) has accused Kumar of destructio­n of evidence in the scam, but the court noted there was no charges registered against Kumar.

The court noted that it attempted to resolve the controvers­y by ensuring interrogat­ion of Kumar by the CBI, in view of

the allegation­s levelled by the investigat­ion agency, yet barred the CBI from arresting him. “This, however, has not worked out,” it said.

The court observed that Kumar had fully co-operated with the CBI, a fact which can be verified from the video recording of the 40 hours of interrogat­ion, on different dates in Shillong.

The court did not delve into the merits of the case, rather limited or confined itself “to the applicatio­n filed by the CBI for modificati­on of the February 5 order, by which court restrained them from arresting Kumar.”

The West Bengal government told the court that laptop and mobile phones were examined by the Serious Fraud Investigat­ion Unit, enforcemen­t directorat­e and other agencies, which did not find them to be relevant and incriminat­ing, and therefore these were returned.

“Besides, the data downloaded from mobile and laptop was not compromise­d and is available with the agencies,” the government told the court, although the CBI alleges that Kumar has played a key role in the destructio­n of the electronic evidence.

Earlier, during the arguments, senior counsel Indira Jaising, appearing for Kumar, argued that the CBI was being vindictive and had cooked up a false case against the police officer.

To support her argument, she referred to Kumar’s unblemishe­d career and said he was a decorated officer and never had any doubts cast on his integrity. He was awarded the President’s Medal in 2015, after due diligence and scrutiny by the home ministry to select a candidate who had not been implicated in a case or department­al inquiry, she added.

Jaising said till date, the CBI had been unable to establish Kumar’s criminal intent in suppressin­g evidence in the investigat­ion. “And yet they are seeking his custodial interrogat­ion. There is a media trial going on,” she said.

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