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SC lifts stay on ex-Kolkata police chief's arrest
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SME Times News Bureau | 17 May, 2019
The Supreme Court on Friday
vacated the interim protection granted to former Kolkata Police
Commissioner Rajeev Kumar from arrest by the CBI in the multi-crore chit
fund scam cases.
The investigating agency has accused Kumar of tampering with evidence to shield powerful politicians.
The court, however, granted seven days time to Kumar to take appropriate legal remedies.
While
vacating its February 5 order granting the interim protection to Kumar,
the apex court also expressed concern over the manner in which the chit
fund cases panned out.
While arguing the case, senior counsel
Indira Jaising, appearing for the officer, argued that the Central
Bureau of Investigation (CBI) was being vindictive and had cooked up a
false case against Kumar.
To support her argument, she referred
to Kumar's unblemished career and said he was a decorated officer and no
doubt had ever been cast on his integrity.
Kumar was awarded
the President's Medal in 2015, after due diligence and scrutiny by the
Home Ministry to select a candidate who had not been implicated in a
case or departmental inquiry, she added.
Jaising said till date,
the CBI had been unable to establish Kumar's criminal intent in
suppressing evidence in the investigation. "And yet they are seeking his
custodial interrogation. There is a media trial going on."
She claimed that there was a reason why the CBI singled out Kumar in the case.
"(Then
interim) CBI Director Nageshwar Rao actually set the investigation
agency after Kumar because there is an FIR against Rao's wife in West
Bengal," she said.
Recalling the February incident when the CBI
went to question Kumar and the entire episode took a political turn,
Jaising said the agency tried to raid Kumar's house in his absence.
"His
wife, a public servant, was in the house. They levelled false charges
that he has hidden evidence at his residence," she argued.
Jaising
also contended that the CBI was deliberately going after Kumar but
never questioned Arnab Ghosh, then Director General of Police of Police,
who was also part of the SIT investigating the chit fund scam.
The senior counsel also said no evidence of value was found on the electronic devices seized during the probe.
Appearing for the CBI, Solicitor General Tushar Mehta insisted that the agency was not hounding Kumar.
"We
asked them a simple question regarding the FSL report of the electronic
devices seized during the investigation but they did not give us any
report," he said.
He also said it was impossible to establish the
authenticity of electronic data seized during the scam in the absence
of a forensic science laboratory (FSL) report.
Insisting that the
FSL report was crucial to solve the case, he said: "We have been
demanding it since the case was handed over to the CBI. How do we know
that mobiles, laptops, pen drives have not been compromised?"
At
this, Jaising said the data was seized by different agencies -- the
Serious Fraud Investigation Office (SFIO), the Assam Police and the
Enforcement Directorate -- and not by the West Bengal Police alone.
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