The battle ends for now.
Mamata Banerjee finally called off her ‘indefinite’ dharna at 6:30 PM on Tuesday evening but promised that she’d continue to agitate.
She said: “This dharna (Save the Constitution) is victory for the Constitution and democracy, so, let us end it today. The Court gave a positive judgement today. Next week, we will continue to take up the issue in Delhi. They (Central govt) want to control all the agencies including the state agencies also? PM you resign from Delhi and go back to Gujarat. One man govt, one party government is there."
Earlier, in the day the Supreme Court of India gave an order asking Rajeev Kumar to submit himself for interrogation in ‘neutral’ Shilloing but said he mustn’t be arrested.
As is wont in politics, both sides claimed victory.
The direction by the apex court came as the sit-in by Banerjee, the Trinamool Congress(TMC) supremo, against the CBI's attempt to question Kumar in connection with chit fund scams entered the third day in Kolkata.
The tense stand-off between the CBI and the Kolkata police disrupted proceedings in Parliament for the second consecutive day amid protests by opposition parties, including the TMC, SP and Congress over alleged misuse of the CBI in West Bengal.
Banerjee said the court direction that no coercive steps, including arrest of Kumar, will take place during the course of investigation, is "our moral victory and boost the morale of civil servants".
Banerjee said she was not fighting for the Kolkata Police commissioner, whom she described as a 'simple man who had put in 34 years of service", but for millions of people of the country.
The order is a victory of the common man, democracy and the Constitution, Banerjee told reporters at her dharna venue.
"There must be some story behind this. Nobody can dare to speak against (Narendra) Modi. Our's is a mass agitation and we are going to fight it unitedly," she said.
The Centre on its part said the court order directing Kumar to make himself available before the CBI was a "blow" to the Banerjee government and a moral victory for the investigating agency.
Reacting, Mamata Banerjee called the move 'politicially motivated'.
The Centre Tuesday asked the West Bengal government to initiate disciplinary proceedings against the Kolkata Police Commissioner Rajeev Kumar for indiscipline and violation of service rules.
The Union Home Ministry, which is the cadre controlling authority of the Indian Police Service officers in the country, has asked the West Bengal Chief Secretary to initiate the process.
In a communication on Tuesday, the Home Ministry said that as per information received by it, Kumar sat in a dharna along with some police officers with Chief Minister of West Bengal Mamata Banerjee which is prima facie in contravention of the extant provisions of the All India Services (Conduct) rules, 1968 and All India Services (Discipline and Appeal) Rules, 1969, .
West Bengal Chief Minister Mamata Banerjee in Kolkata: They (Central govt) want to control all the agencies including the state agencies also? PM you resign from Delhi and go back to Gujarat. One man govt, one party government is there. pic.twitter.com/RckwAR0uUE
— ANI (@ANI) February 5, 2019
With inputs from Abraham Thomas, Arshad Ali and Pooja Mehta
1. Material handover to CBI incomplete: AG in SC
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AG Venugopal representing Centre
Speaking in court, AG KK Venugopal said that the material handed over to CBI was incomplete.
He said they had serious doubts about the entire material.
He said call records given to us were incomplete.
Hearing in SC on West Bengal CBI matter: Attorney General KK Venugopal pleads before the Supreme Court to initiate contempt of court proceedings against the alleged contemnors.
The CJI added that while Rajeev Kumar could be made avaialble, contempt of court couldn't be decided now
Can State police confront Centre's police which is acting pursuant to orders of this court. Your Lordships have to issue notice for contempt and also lay down law in this regard?
The Centre also asked if state police can confront Centre's plice which is acting on court orders.
Abhishek Singhvi appearing for WB Govt
Meanwhile, AM Sinhvi, appearing for the court said there was no non-cooperation from state of West Bengal.
Singhvi added that if the CBI had aproblem they ought to approach the Calcutta High Court and said CBI officers were neither arrested nor detained, citing he had video evidence.
#MamatavsCBI Supreme Court issues notice to Commissioner Of Police Kolkata, DGP and West Bengal govt on contempt plea
SC directed Kolkata police commissioner Rajeev Kumar to cooperate with CBI and make himself available before CBI
His questioning will be at a neutral place in Shillong and the CBI has been directed not to arrest or take any coercive steps against Commissioner.
On the contempt application moved by CBI, the court issued notices to chief secretary, DGP and commissioner Rajeev Kumar asking them to respond to contempt notice by 18 Feb On going through their responses, the court will decide whether they need to be personally present when the matter is next heard on Feb 20.
2. In Kolkata High Court
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Yesterday Kolkata Police Commissioner Rajeev Kumar had filed petition in Kolkata HC seeking interim relief. Today court postponed the case as the matter between WB Police & CBI is sub-judice in SC. Next hearing on Thursday, 7 Feb
3. Ravi Shankar Prasad
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Law minister Ravi Shankar Prasad on SC order: It is a moral victory. The honourable Supreme Court's order is clear, the police commissioner of Kolkata who was not appearing before #CBI despite notices will have to appear before them now.
Law minister Ravi Shankar Prasad on SC order: It is a moral victory. The honourable Supreme Court's order is clear, the police commissioner of Kolkata who was not appearing before #CBI despite notices will have to appear before them now. #CBIvsMamata
— निखिल घाणेकर (@NGhanekar) February 5, 2019
4. Arvind Kejriwal
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Congratulations Didi for the success of ur struggle. https://t.co/WEN6sTbO4A
— Arvind Kejriwal (@ArvindKejriwal) February 5, 2019
5. Ask Yogi to take care of UP first: Mamata
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Ask Yogi to take care of Uttar Pradesh first. So many people have been killed, even police were murdered, so many people were lynched, he himself will lose if he contests elections. He doesn’t have a place to stand in UP that’s why he's roaming around in Bengal: Mamata Banerjee
#WATCH WB CM Mamata Banerjee:Ask Yogi to take care of Uttar Pradesh first. So many ppl have been killed,even police were murdered,so many ppl were lynched,he himself will lose if he contests elections.He doesn’t have a place to stand in UP that’s why he's roaming around in Bengal pic.twitter.com/ijtBwTHdvX
— ANI (@ANI) February 5, 2019
6. Adhir Ranjan Choudhary
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Congress MP Adhir Chowdhury said, “Why is the Chief Minister so much rattled over the questioning of Rajeev Kumar? She was not this rattled even when her MPs had been booked and jailed. There must be a secret which will be unearthed.”
7. Kailash Vijayvargiya
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BJP National General Secretary Kailash Vijayvargiya Tuesday thanked the Supreme Court for directing Kolkata Police Commissioner Rajeev Kumar to appear before the CBI, saying it was a "victory of democracy" and demanded the resignation of West Bengal Chief Minister Mamata Banerjee.
The apex court Tuesday directed Kumar to make himself available before the CBI and "faithfully" cooperate with the agency in investigation of cases arising out of the Saradha chit fund scam probe.
"The SC verdict is a victory of democracy. Mamata Banerjee should immediately tender resignation," Vijayvergiya told PTI.
The apex court also said that no coercive steps, including the arrest of the Kolkata Police chief, will take place during the course of investigation.
The state government and the state police have repeatedly created hurdles during the investigation, he alleged.
8. Rijiju slams Congress
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Kiren Rijiju slammed Rahul Gandhi’s ‘U-turn’ on the Saradha scam and asked if Congress was ‘joking or fooling people of India’.
He wrote while sharing an old video of Rahul Gandhi attacking Mamata Banerjee: “Here is the video. Congress party must tell whether they were joking or fooling the people of India?
20 lac poor people including thousands from North East lost their hard-earned money in the Rose Valley & Sarada scam. West Bengal CM should not shield the corrupt officials and people involved in the crime.”
Here is the video. Congress party must tell whether they were joking or fooling the people of India? pic.twitter.com/ONKb8WPLJi
— Kiren Rijiju (@KirenRijiju) February 4, 2019
Finance Minister Arun Jaitley, who’s currently in the US for treatment, wrote a strongly-worded rejoinder on Mamata Banerjee’s anarchist battle against the CBI and Centre.
Congress president Rahul Gandhi on Sunday called up West Bengal Chief Minister Mamata Banerjee and extended support to her, saying the entire opposition is together and it will defeat the fascist forces.
He alleged the events in West Bengal were part of an unrelenting attack on India'a institutions by Prime Minister Narendra Modi and the BJP.
He said the Congress stood shoulder to shoulder with Banerjee who is on an overnight protest dharna against CBI's attempt to question Kolkata Police chief Rajeev Kumar in connection with chit fund scams.
"The entire opposition will stand together and defeat these fascist forces," he tweeted.
Read: Latest update from Didi's Dharna
This led to BJP sharing old snippets of Rahul Gandhi slamming Mamata Banerjee over the Chit Fund Scam, Syndicate Raj and Saradha Scam. They also wrote: “Diagnosed: Multiple Personality Disorder is characterized by at least two distinct and enduring personality states - there is trouble remembering certain events, beyond ordinary forgetfulness. These states alternately show in person's behavior. Get well soon, Rahul ji.”
9. Himanta Biswa Sarma slams Mamata
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The frivolous & baseless campaign by @MamataOfficial Didi against me is very painful. I am not fortunate enough like your Police Commissioner. I've joined the investigations and offered my full cooperation as a witness. And all this happened much much before I joined @BJP4India
— Himanta Biswa Sarma (@himantabiswa) February 5, 2019
10. Banerjee further said
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Mamata said:
This is the same SC order that has been upheld that at a mutual place both CBI and Rajeev Kumar has to meet. Rajeev Kumar has to face CBI is being misquoted by media. I think this is courtesy that one officer will speak to another officer. This is constitutional. We have received the court’s order. You may speak in BJP’s language. Court has not said that he has to face CBI. I have always cooperated.
BJP Amit Shah came here with swine flu in Bengal. It’s a vector borne disease. Were they stopped? I have not forgotten that I was allowed to stay in state guest house in Mahashtra and Bihar. We have never prevented anyone from holding meetings here.
Will expose Assam deputy chief minister’s at 3pm.
Whoever with CBI/ED enquiry on, the moment they join BJP, they are not harassed.
Even CBI is answerable to us. Why has the CBI not been able to recover Rabindranath Tagore’s noble prize ? If you cannot then must make your stand clear. We will do it ourselves.
Mamata: Panga lene se, I become changa and I don’t resort to danga.
11. SC certified there is lawleness in Bengal: Smriti Irani
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Smriti Irani said: “SC brought Mamata's histrionics to a screeching halt. A grateful nation watched as the Supreme Court directed Kolkata Commissioner to present himself. One needs to look into the aspect that Rajeev was directed to appear before a neutral place, thereby certifying that there is lawlessness in West Bengal.
The anarchist Chief Minister who intervened in the process of collection of evidence, upon whose instructions, officers were manhandled. Families harassed, homes surrounded. The SC has directed a response from Chief Secretary, DGP and Commissioner. Today, I am assured that apart from BJP, 20 lakh victims of the chit fund scam will join us to convey our gratitude to the Supreme Court.”
12. Yogi slams Didi
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Uttar Pradesh Chief Minister Yogi Adityanath in Purulia, West Bengal: Nothing can be more shameful for a democracy than a Chief Minister sitting on a dharna.
13. Home Ministry takes action
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The Home Ministry appears to have taken a dim view of one of its officers participating in a dharna and has asked the West Bengal government to initiate action against Kolkata Police Commissioner Rajeev Kumar.
In a notice given by the Ministry of Home Affairs, the ministry noted that Rajeev Kumar sat on a dharna with other police officers which is prima facie in contravention of the rules of conduct.
The notice stated that Kumar flouted disciplinary procedures by
- participating in 'unbecoming behaviour' of a member of service
- participating in a political movement and being associated with a political party
- criticising the government in a statement
