Former Kolkata police Commissioner Rajeev Kumar on Monday made an urgent plea in the Supreme Court to protect him from arrest by the CBI in connection with the Saradha chit fund scam.
Appearing before the Vacation Bench, Mr. Kumar’s lawyers have sought an indefinite extension of protection, saying the courts in West Bengal are currently not functioning due to lawyers’ strike.
On Friday, in a judgment, the court gave him a week’s time to file a plea for anticipatory bail while lifting a February 5 order granting him protection from any “coercive action” against him.
The May 17 judgment , pronounced by Justice Sanjiv Khanna for a three-judge Bench led by Chief Justice Ranjan Gogoi, had asked the CBI to act in accordance with the law.
“We have withdrawn the protection given to Rajeev Kumar vide order dated February 5,” the court said while pronouncing the order.
On May 2, the court had reserved its verdict after the CBI had clarified that it was seeking the lifting of protection granted to Mr. Kumar and not permission for his “custodial interrogation” in connection with its probe into the Saradha ponzi scam.
A Bench led by Chief Justice of India Ranjan Gogoi had on February 5 granted a stay on any “coercive action” against Mr. Kumar provided he cooperate with the agency during a questioning session scheduled in Shillong .
Solicitor General Tushar Mehta for the CBI argued that Mr. Kumar had met the agency’s queries on the alleged suppression of crucial evidence in the case like call data records with evasive or “arrogant” answers.
The CBI has alleged that both the “big ponzi” Saradha and Rose Valley companies were “flourishing” when Mr. Kumarwas the Commissioner of Police at Bidhan Nagar Police Commisionerate from 2012 to 2015.
While investigation was being done by the SIT, “crucial original, primary and fundamental evidence” such as laptops, mobile phones and so on were handed back to the main accused in the Sharada scam case by the Investigating Officer of West Bengal Police working under his direct supervision.