In what has been hailed by Kolkata Chief Minister Mamata Banerjee as a ‘moral victory’, the Supreme Court on Tuesday, 5 February, ruled out the arrest of Kolkata Police Commissioner Rajeev Kumar by the Central Bureau of Investigation (CBI), who want to question him as part of their investigation of the Saradha chit fund scam.
Chief Justice of India Ranjan Gogoi, who was heading the bench with Justices Deepak Gupta and Sanjeev Khanna, did order Kumar to meet the CBI to answer their questions, although he has ordered this to take place at a neutral venue, “namely Shillong.”
The CBI have filed two pleas before the Supreme Court: one for ensuring the West Bengal authorities’ cooperation in their investigation of the scam, while the second is a contempt petition arguing the Kolkata Police and West Bengal government violated a 2014 Supreme Court judgment which directed them to cooperate with the CBI.
The court has issued notice in the contempt case, but will only hear the matter next on 20 February, after relevant officials from West Bengal file their response to the CBI’s petition.
Rajeev Kumar to Meet CBI for Questioning
The top court has directed Kumar to make himself available before the CBI and "faithfully" cooperate with the agency in investigation of cases arising out of the Saradha chit fund scam probe.
As senior advocate Abhishek Manu Singhvi, representing the West Bengal government, was at pains to point out, there is no FIR against Kumar, but the CBI need to question him regarding their suspicions that he has tampered with electronic evidence provided to the agency, and has withheld relevant information from them.
The CBI submitted an affidavit in court setting out these allegations, noting that Kumar had gained access to much of the relevant electronic evidence (including call logs) while he was heading the West Bengal SIT which was investigating the chit fund scam till the Supreme Court transferred it to the CBI on 9 May 2014.
The West Bengal government contended that the Kolkata Police had cooperated with the investigation, and this whole move by the CBI was an attempt to “harass and humiliate” Kumar.
At the request of the CBI, who have alleged the Kolkata Police are trying to intimidate them and have appealed to the Centre for security, the apex court said Kumar will appear before the CBI for investigation at Shillong in Meghalaya, as a neutral venue.
Contempt Petition Prelude to President’s Rule?
The apex court also directed the West Bengal chief secretary, the director general of police (DGP) and the Kolkata Police commissioner to file their responses to the contempt petition filed against them by the CBI on or before 18 February.
The CJI said that upon consideration of replies of the chief secretary, the DGP and the Kolkata police commissioner, the court would decide whether or not to compel the personal appearance of these three authorities on 20 February a day before the hearing.
The contempt petition by the CBI makes serious claims against the Kolkata Police and the West Bengal authorities, alleging a breakdown of the constitutional machinery in the state. This is important since if there is a breakdown of constitutional machinery in a state, President’s Rule can be imposed there.
The SC hearings could therefore play a role in deciding whether or not the Centre decides to impose President’s Rule in the state.
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