The drama that unfolded in Kolkata is unprecedented in many respects. Firstly, there has never been a case where the CBI has raided the office or residence or both of a serving police chief.
Second, no other than the chief minister (of West Bengal) has come to the rescue of an accused police commissioner. Third, the CM praised the accused to the skies, and for some inexplicable reason, went on to say (in a tweet), that he is among the “best (police chiefs) in the world”.
Logic apart, I don’t know what standards were at the disposal of the CM to make this claim.
Ex DGP, Uttar Pradesh, Vikram Singh, speaks to The Quint about the drama on 3 February night. Listen in, to know the full story.
It is well-known that the SC had ordered a thorough investigation of the Saradha scam, and during the course of the ongoing probes, the CBI conducted these investigations, and were on the threshold of uncovering very sensational and significant aspects pertaining to the Ponzi schemes.
It is rumoured that Rajeev Kumar, the Commissioner of Police, Kolkata, is privy to sensitive information, and therefore, his interrogation was necessary. Indeed the CBI was well within its powers to probe a person under these circumstances.
The CM alleged that the CBI did not have a search warrant. The search warrant generally is taken before sensitive searches, but Section 165 of the CrPC clearly states the circumstances under which search warrants need not be taken.
Under What Circumstances Are Search Warrants Not Needed?
Section 165 of the CrPC states:
- Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds to believe that anything necessary for the purpose of an investigation into an offence, which he is authorised to investigate, may be found in any place, and that thing cannot, in his opinion, be obtained without undue delay, without a search. Such an officer may search for such things in any place within the limits of such station.
- The police officer proceeding under sub-section 1, shall, if tractable, conduct such a search in person.
- If the police officer is unable to conduct the search in person, and there is no other person competent to make that search at that time, he may, after recording in writing his reasons for so doing, require any officer’s subordinate to make the search and order him to search for such a thing in such place.
- If a police officer remained outside the house while the search was being made inside by some subordinate officer, the search was not held to be legal.
- Copies of any record made under sub-section 1, shall be sent to the nearest magistrate, empowered to take cognizance of the offence.
“Irreparable Damage to Police & Policing”
Therefore, the law, particularly the Code of Criminal Procedure (CrPC) provides for the circumstances under which searches are possible without warrant. However, the situation became ugly when the CBI officers were bundled off to a police station. Fortunately, they were later released. However, Mamata Banerjee’s overt support for the police chief, and her staging a dharna, is unprecedented. Not only this, the CM went on to say, that all paramilitary forces, all police forces, and the army, should oppose the central government.
Now, what is left to say about police reforms? We have indeed done irreparable damage to police and policing, and it will be difficult to turn the clock backwards now. This invocation, in my opinion, attracts the provisions of the The Police (Incitement to Disaffection) Act, 1922, and should not be taken lightly at all.
Is Mamata First an Activist Then a Statesman?
It is of course the prerogative of the central government to examine in detail, and take legal opinion, with respect to a chief minister who has violated her oath of allegiance to the Constitution of India, and is openly asking the uniformed forces to work against the duly elected government at the Centre.
But invoking the provisions of Article 356 can be tricky, and double-edged, in the sense that, if any action is taken, politically-speaking it may be counter-productive, because the CM will become a hero for no legitimate reasons, and garner votes, howsoever undeserved it may seem. Not doing it, would give the impression that the Centre is looking the other way. Indeed a catch-22 situation but there has to be a firm resolve. Dithering, at this time, can be an irreparable loss to the prestige of the nation, dignity of the Constitution, and the morale of the uniformed forces.
It is highly unbecoming of a head of state, and an important state like West Bengal, to act like an activist primarily, and a statesman secondarily. Every Indian would expect this crisis to get resolved, but if it does not, it won’t augur well for the nation, and for the police forces.
There has to be a permanent solution, more so in the backdrop of the recent fiasco that happened with the CBI - the nation can’t afford to have another imbroglio like that.
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(Dr Vikram Singh is an Indian educationist and retired Indian Police Service officer. He joined the IPS in 1974, and held the post of Director General of Police in the state of Uttar Pradesh during the period June 2007 – September 2009. This is an opinion piece, and the views expressed are the author’s own. The Quint neither endorses, nor is responsible for them.)
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