The Supreme Court on Tuesday told the CBI that it will order the custodial interrogation of former Kolkata Police Commissioner Rajeev Kumar in the Saradha chit fund scam only if there is 'proof' to show that the evidence in the case was suppressed or destroyed at his instance.
Giving the agency 24 hours, the bench told Solicitor General Tushar Mehta that unless the agency produced clinching evidence against Kumar, it would be difficult for the court to alter its earlier order that granted him protection. This has set the stage for an interesting clash between the CBI and the West Bengal government in the apex court on Wednesday.
The agency claimed that Kumar, while he headed the SIT interrogating the Saradha and Rose Valley chit fund scams, refused to part with crucial evidence linked to the main accused Sudipto Sen.
It was at the instance of the apex court that the CBI got to interrogate Kumar at Shillong for a limited period in February this year. However, the agency recently moved a fresh application to take him into custody for interrogation, citing several gaps in the SIT investigation.
Mehta pointed out that the SIT collected cellphones and laptops containing crucial data linked to the scam, but later returned them to the accused, thus destroying crucial evidence. Next, the SIT failed to collect financial documents and diaries maintained by the accused that detailed names of high profile persons. In all this, CBI alleged Kumar's hand.
The bench of CJI Ranjan Gogoi, Justices Deepak Gupta and Sanjiv Khanna said, "We want you (CBI) to satisfy us that this man whose custodial interrogation is sought for has a role to play in disappearance or suppression of evidence." To prove this, the bench asked the agency to bring statements of any officers linked to SIT who could claim that the decision to return laptops, mobiles or not to collect financial documents were taken at the instance of Kumar or with his knowledge and consent.
Counsel for Kumar, senior advocate Indira Jaising objected to the CBI plea claiming that the Court gave them three occasions but each time the agency failed to prove its case. She said that the Court was giving yet another opportunity to the CBI to improve its case against the accused. The bench allowed Jaising to place her arguments on Wednesday.
24-hr deadline
- To prove this, the bench asked the agency to bring statements of any officers linked to SIT.
- They have to verify the claim that the decision to return laptops, mobiles or not to collect financial documents were taken at the instance of Kumar or with his knowledge.
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