New Delhi, Oct 17 The Supreme Court on Friday dismissed a Special Leave Petition (SLP) filed by the CBI challenging the Calcutta High Court's order that had granted anticipatory bail to West Bengal DGP and former Kolkata Police Commissioner Rajeev Kumar in connection with the multi-crore Saradha chit fund scam.
A Bench of Chief Justice of India (CJI) B.R. Gavai and Justice K. Vinod Chandran directed that the contempt of court case—regarding allegations that the state police were interfering with the CBI's investigation in the Saradha scam—be listed after eight weeks.
In November 2019, the Supreme Court had directed the senior IPS official to respond to the CBI’s appeal challenging the anticipatory bail granted to him. Since then, the petition has remained pending before the apex court. Before this, 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 justified” in the given circumstances.
A Bench of Justices Sahidullah Munshi and Subhasis Dasgupta noted that Kumar, who as Commissioner of Bidhannagar Police headed the SIT before the investigation was handed over to the CBI, had already appeared before the Central agency for questioning on multiple occasions.
Rejecting the CBI’s plea for custodial interrogation on the ground of alleged discrepancies in seizure timings and tampering of CDRs, the Calcutta HC held: “We, however, do not justify custodial interrogation merely on this score... in the absence of some other convincing materials. According to our considered view, such discrepancy could be appropriately decided at the time of trial.”
It observed that despite allegations of non-cooperation, Kumar had “consciously offered himself to be interrogated in the interest of ongoing investigation” and there was no “clinching material” necessitating custody. “This is not an appropriate case, when custodial interrogation would be justified,” the Calcutta HC concluded, while granting him anticipatory bail.
The case is linked to an unprecedented confrontation between the Central and West Bengal governments in January 2019, when a CBI team reached Rajeev Kumar’s official residence to question him. However, when local police detained the CBI officers, the team was forced to retreat, prompting Chief Minister Mamata Banerjee to launch a sit-in protest in defence of Kumar.
Senior advocates Abhishek Manu Singhvi and Biswajit Deb, assisted by advocates Anando Mukherjee and Shwetank Singh, represented Rajeev Kumar before the apex court.
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