The Supreme Court on Friday dismissed a writ petition filed by former Kolkata Police Commissioner Rajeev Kumar for protection against arrest by the Central Bureau of Investigation (CBI) in the Saradha chit fund scam case.
A three-judge Bench of Justices Arun Mishra, B.R. Gavai and Surya Kant questioned the maintainability of a writ petition filed by Mr. Kumar under Article 32 of the Constitution to protect his fundamental rights against State action.
Protection ends
Mr. Kumar apprehends imminent arrest with the seven days’ protection granted by the Supreme Court in an order on May 17 coming to an end on May 24. He said the lawyers’ strike in West Bengal had thwarted his efforts to seek anticipatory bail. The writ petition urged the top court for an extension of protection beyond May 24.
But the apex court refused to oblige. Justice Mishra said the courts were indeed functioning in West Bengal. Mr. Kumar could approach either the Calcutta High Court or a trial court there. The judges were at work in their respective courts in West Bengal.
“Besides, you are a former Commissioner of Police and probably know law better than most young lawyers. You can go personally to court to address your case,” Justice Mishra addressed Mr. Kumar’s submissions about the lawyers’ strike.
The court further did not take kindly to multiple pleas by Mr. Kumar for extension.
Interim relief
The Supreme Court had on May 17, in its order, lifted a four-month-old restraint on the CBI from taking any coercive action, including arrest or custodial interrogation, against the former police officer. However, the court, as an interim relief, had granted him seven days to seek legal relief.
On May 20, Mr. Kumar had returned to the Supreme Court seeking an extension. The then Vacation Bench led by Justice Indira Banerjee had refused to urgently list the applications and asked him to move the apex court registry on the administrative side in accordance with procedure.
The registry, under the orders of the Chief Justice of India, refused urgent listing of the case this week.
Following which, Mr. Kumar had moved this fresh writ petition on May 23.
Dismissing the writ petition, Justice Mishra conveyed the court’s displeasure at the multiple pleas.
“You have already moved an application. The CJI has already declined your plea for urgent listing... It was not proper on your part to file this writ petition. You have misused our generosity. Do you want us to be harsh with you?” Justice Mishra asked, dismissing the writ petition.
Denies allegations
Mr. Kumar has denied allegations that he connived with the accused persons in the chit fund scam to suppress crucial evidence. He was the functional head of the Special Investigation Team (SIT) appointed by the West Bengal government to probe the scam. The apex court, however, had transferred the probe from this SIT to the CBI in 2014.
Mr. Kumar maintains that he had not tampered with call data records or material evidence in the case to help bail out the scam accused.
