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New Delhi, Oct 17 (IANS) The Supreme Court on Friday dismissed the special leave petition (SLP) filed by the CBI challenging the Calcutta High Court order granting anticipatory bail to West Bengal Director General of Police and former Kolkata Police Commissioner Rajeev Kumar in connection with the multi-crore Saradha chit fund scam.
Chief Justice of India (CJI) BR Gavai and Justice K. A division bench of Vinod Chandran directed that the contempt of court case – in relation to allegations that the state police was interfering with the CBI investigation into the Saradha scam – be listed after eight weeks.
In November 2019, the Supreme Court had directed the senior IPS officer to respond to the CBI’s appeal challenging the anticipatory bail granted to him. Since then, the petition is pending before the apex court. Earlier, the Calcutta High Court had granted anticipatory bail to Kumar in connection with the multi-crore Saradha chit fund scam, observing that custodial interrogation was “not appropriate” in the given circumstances.
A bench of Justices Sahidullah Munshi and Subhasis Dasgupta said Kumar, who as Bidhannagar Police Commissioner was heading the SIT before the investigation was handed over to the CBI, has already appeared before the central agency for questioning on several occasions.
Rejecting CBI’s plea for custodial interrogation on the grounds of alleged discrepancies in the timing of seizures and tampering with the CDR, the Calcutta HC said: “We, however, do not justify custodial interrogation on this score alone… in the absence of some other cogent material. In our considered view, such discrepancy can appropriately be adjudicated upon at the time of trial.”
It found that despite allegations of non-cooperation, Kumar had “deliberately offered to interrogate himself in the interest of the ongoing investigation” and there was no “concrete material” to warrant detention. The Calcutta HC, while granting him anticipatory bail, concluded, “This is not a proper case when custodial interrogation would be appropriate.”
The case relates to an unprecedented confrontation between the Center and the West Bengal government in January 2019, when a CBI team reached Rajeev Kumar’s official residence to interrogate him. However, when the local police detained the CBI officers, the team was forced to retreat, prompting Chief Minister Mamata Banerjee to launch a protest in defense of Kumar.
Senior advocates Abhishek Manu Singhvi and Vishwajeet Deb represented Rajiv Kumar before the apex court, assisted by advocates Anando Mukherjee and Shwetank Singh.
–IANS
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