Saradha Scam: Ex-Kolkata CP Moves SC for Extension of Protection

Kumar’s counsel said that four days have already elapsed and they need time to approach the competent court.

Former Kolkata Police Commissioner, Rajeev Kumar.

(Photo: PTI)

Former Kolkata Police Commissioner Rajeev Kumar, on 20 May, moved the Supreme Court seeking extension of the seven-day protection granted to him by the apex court in connection with the Saradha chit fund scam case.

Kumar's lawyer mentioned the matter for urgent listing before a vacation bench comprising Justices Indira Banerjee and Sanjiv Khanna.

The counsel said that the apex court had on 17 May granted seven days time to Kumar to approach the competent court for legal remedies but they want extension of time as lawyers in Kolkata courts are presently on a strike.

Kumar's counsel said that four days have already elapsed and that they needed time to approach the competent court in Kolkata.

However, the bench said that since the 17 May order was passed by a three-judge bench, they can approach the registry for listing of the matter before an appropriate bench.

“You are a lawyer and you know that CJI is the master of roster,” the bench told Kumar's counsel and asked him to approach the registry for listing of the matter.

On 17 May, a three-judge bench headed by Chief Justice Ranjan Gogoi had withdrawn the protection from arrest granted to Kumar by its 5 February order.

The apex court, on 5 February had granted protection from arrest to Kumar while directing him to appear before the CBI and "faithfully" cooperate with investigation of cases arising out of the scam.

However, the bench had said that the protection to Kumar would continue for seven days from 17 May to enable him to approach the competent court for relief.

The top court had also expressed concern over the confrontation between the CBI and the West Bengal Police in the case, saying that “at the receiving end are silently waiting lakhs of small town and rural investors who have been deprived and looted of their savings.”

The bench had said that the situation was grim as both sides have hardened their stand and there was no administrative mechanism in place to avoid and resolve such conflicts between the two wings of police force in the country.

It had noted that the CBI had issued three notices on 18 and 23 October 2017, and on 8 December 2018, asking Kumar to appear and join investigation, but he had not responded.

In its order, the court had said that the CBI had alleged non-cooperation and charged West Bengal state police with “obfuscating investigation by causing impediments and roadblocks with a view to protect big names and members/leaders of the ruling party in the State of West Bengal.”

The court had also noted that the West Bengal government and Kumar have alleged “political vendetta” and have made allegations against M Nageswara Rao, the former interim CBI director.

The court had noted the CBI's claim of having substantial material implicating Kumar, the then Commissioner, Bidhannagar Commissionerate, of connivance and complicity with the principal accused.

Earlier, Kumar in an affidavit before the court had alleged that he was targeted by the CBI in the chit fund case due to “mala fide intent” and “conflict of interest” of Rao as his family members were under the scanner post-demonetisation.

The Election Commission on 15 May, Wednesday had ordered the removal of Kumar, who was posted as Additional Director General, CID, in West Bengal for allegedly failing to control incidents of violence in the state and had asked him to report to the Union Home Ministry on 16 May, Thursday.

Kumar was removed along with West Bengal's Principal Secretary (Home) Atri Bhattacharya after parts of Kolkata witnessed widespread violence during Bhartiya Janata Party (BJP) president Amit Shah's massive road show in the city.