Kolkata, Feb 3 In a major relief to Anubrata Mondal, the Calcutta High Court has asked the CBI not to take any coercive action against the Trinamool Congress district president. Mondal went to the High Court challenging the CBI summon to appear before it in a BJP worker murder case in Birbhum.
The judgement came as a huge relief to the Trinamool Congress muscleman because he will not have to be present before the central agency right now. Presently Mondal is under treatment at SSKM hospital in Kolkata with several complaints including heart ailment.
Pronouncing the judgement, Justice Rajsekhar Manthar said, "The CBI can definitely interrogate him but he will have to be interrogated at the Durgapur office. It has not been proved yet the Mondal is guilty and so CBI cannot take any coercive action against him".
The court also said that if Mondal is supposed to be arrested then the premiere will have to take the permission of the court.
The CBI is investigating the serious crimes like rape and murder during the post poll violence in the state.
The CBI had earlier sent a notice under 160 IPC of the Indian Penal Code. The lawyer speaking on behalf of Mondal said that he is seriously ill and it is not possible for him to present himself for interrogation. Anubrat's lawyer Sandipan Ganguly said, "Anubrat Mandal has been sent a notice under Section 160 of the IPC by an officer from Lucknow. There is a protocol that needs to be followed while the CBI is sending notice under Section 160 of the IPC but that has not been followed in case of Anubrata Mondal. He is ready to cooperate but should not be arrested".
On the other hand, M.B. Raju, a lawyer representing the CBI, said, "The CBI has a special manual on notices under Section 160. It is not always possible to send notices in the same area as the previous ones."
The judge after listening to both the lawyers said, "Anubrata has not been proved guilty. He has got the right to get legal protection".
On Wednesday, Anubrata moved the High Court seeking legal protection against the summons issued by the CBI. The CBI has been directed to submit an affidavit within four weeks and Mondal will get a time of one week to submit his reply.
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