A bench of Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna, however, restrained the agency from initiating any coercive action against the officer or arresting him. (Express photo Shashi Ghosh) A bench of Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna, however, restrained the agency from initiating any coercive action against the officer or arresting him. (Express photo Shashi Ghosh) The Supreme Court Tuesday issued notice to the Mamata Banerjee government on a contempt plea by the CBI which alleged “total breakdown of Constitutional machinery” in West Bengal, and directed Kolkata Police Commissioner Rajeev Kumar to appear before the agency in Shillong in connection with the investigation in the chit fund scam cases. A bench of Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna, however, restrained the agency from initiating any coercive action against the officer or arresting him. “Having heard learned counsel for the parties, we direct Shri Rajeev Kumar, Commissioner of Police, Kolkata to appear and make himself available before the investigating agency, namely, the Central Bureau of Investigation (CBI), and to faithfully cooperate with the investigating agency at all times. However, we make it clear that no coercive steps, including arrest, shall be taken against the Commissioner of Police. To avoid all unnecessary controversy, we direct the Commissioner of Police to appear before the investigating agency in Shillong, Meghalaya on such date(s) as may be fixed”, the bench ordered. The court asked WB Chief Secretary, Director General of Police and Kumar to file their replies to the CBI’s allegations by April 18 and cautioned them that their personal presence “may” be required at the next date of hearing. The bench added it will decide this only after going through their replies. RJD leader Tejashwi Yadav joined Banerjee’s protests on Tuesday evening. (Express photo by Shashi Ghosh) RJD leader Tejashwi Yadav joined Banerjee’s protests on Tuesday evening. (Express photo by Shashi Ghosh) “We further make it clear that on consideration of the replies of the aforesaid three authorities, the Court may require the personal presence of the said officers on 20.2.2019, which presence, if required, would be intimated to the officers concerned by the Secretary General of this Court on 19.2.2019,” the order stated. Appearing for the CBI, Attorney General K K Venugopal severely criticised the actions of the state police which he said had “attacked” the CBI officials who were acting in pursuance of Supreme Court orders. “The state is prepared to attack the police force of Centre… means total breakdown of Constitutional machinery,” the AG said, urging the court to issue contempt notice. He explained that the CBI had taken over the investigation into the chit fund cases from the SIT in 2016 following the apex court’s order. Consequently, the SIT handed over the case materials to the agency which however had doubts that some of these were “doctored”, the AG said. Kolkata Police Commissioner Rajeev Kumar with Chief Minister Mamata Banerjee at her dharna on Monday. (Express Photo: Partha Paul) Kolkata Police Commissioner Rajeev Kumar with Chief Minister Mamata Banerjee at her dharna on Monday. (Express Photo: Partha Paul) Solicitor General Tushar Mehta pointed out that the DGP was the head of the SIT which probed the chit fund cases, including the multi-crore Saradha and Rose Valley scams, before they were transferred by the Supreme Court to the CBI on May 9, 2014, but Kumar was in charge of its day-to-day functions. “We had some doubts on documentation that was handed over,” the AG told the bench, explaining why it had decided to summon Kumar. The AG said the SIT had returned the cell phone of Sudipto Sen (main accused in Saradha scam) to him and call records supplied to CBI were not complete. The laptop and cell phone were not sent for forensic examination to recover data, he said adding “doctored call records were given to us”. Venugopal alleged that “there was a serious omission or wilful commission” on the part of the IPS officer. At this, the CJI said that Kumar should not have any difficulty cooperating with the probe and the court would issue notice on the contempt plea. The AG replied that the contempt charge was far more serious. CJI Gogoi remarked that “we will have to examine that, will have to issue notice and hear the other side”. West Bengal CM at the site of the dharna. (Express Photo) West Bengal CM at the site of the dharna. (Express Photo) Venugopal then took the court into what allegedly transpired in Kolkata Sunday evening. He said the CBI officials were pushed into buses and local police surrounded the residence of the agency’s joint director. His daughter and wife were home at that time and he did not open the door, the AG submitted, adding that forces withdrew only after the joint director spoke to the media and the news spread. Appearing for the state, senior advocate Abhishek Manu Singhvi said it was “only an attempt to harass”. Singhvi said the Calcutta High Court had directed not to give effect to the notices issued by the CBI to the officers of the SIT and this was applicable to Kumar as well. Seeking to give political colour to the developments, Singhvi asked: “If you are willing to come on a Sunday, two days after a rally, last day of the outgoing CBI interim chief (M Nageswara Rao) chief, then should they not have gone to High Court and ask for a modification?” Mehta countered this and said the HC had not given any such protection. Singhvi questioned the claim that Kumar had destroyed evidence and exclaimed that no FIR was filed for this till date. The senior counsel said Kumar had written to the agency asking the personnel to come to his office or some central place in Kolkata for the investigation, but there was no response. He termed it an “attempt to humiliate” and “to score a point”. He said the Supreme Court had appreciated the work of the SIT constituted by the state and had transferred the cases only because multiple states were involved.<doc-sep>Mamata vs CBI: Supreme Court directs Rajeev Kumar to present himself to CBI KOLKATA: Hours after the Supreme Court ordered Kolkata Police commissioner Rajeev Kumar to be available for interrogation by the CBI, the central investigation agency readied a five-member team headed by Tathagata Bardhan, a DSP-rank officer. The agency, which received a letter from Kumar on Tuesday afternoon, is, however, yet to decide on a date to interrogate him at the Shillong office.The agency on Tuesday held a series of meetings at their Lodhi Road office in New Delhi to work on the nuances of the case that Kumar might have been privy to. CBI sources indicated that Kumar’s interrogation will revolve around “missing” documents and pieces of evidence. The investigators alleged that they have reasons to believe that some of the evidence are still in Kumar’s custody, and that these need to be recovered to join some missing pieces of the “larger conspiracy” puzzle. The agency has already been looking for a pen drive, which Saradha mastermind Sudipta Sen had reportedly handed over to one of his most trusted employees, Amrin Ara. The pen drive was allegedly handed over to the Special Investigation Team probing the alleged Ponzi muddle.Sources indicated that the pen drive and the computer used by Sen’s aide, Debjani Mukherjee, contained details of his collections between 2010 and 2013, till Sen was arrested by police. The pen drive, sources said, also held key to one of the most controversial deals that Sen made: Landmark Cement, owned by a former Trinamool Congress minister.The agency is also likely to question Kumar over details of some calls detail records (CDR). CBI officers claimed they believe that the CDRs they received on June 28 last year were doctored and tampered with. A CBI officer indicated that several incriminating documents and materials, including correspondences, were also missing.Such correspondences, the officials believe, point towards the involvement of senior police officers and some politicians. In an affidavit filed with the apex court, the CBI also alleged that such CDRs “destroyed, destructed and tampered with” the “materials of primary evidence”.During interrogation of both Sen and Mukherjee, the duo had allegedly spoken about a diary that was maintained to keep a record of the payouts made to several persons, including some politicians. The central investigating agencies never got hold of this tell-tale diary. While Anirban Guhathakurta, the lawyer who represented Mukherjee, said no such diary was mentioned in Mukherjee’s statements, investigators believe that several such crucial documents have gone missing.During interrogation, Kumar might have to explain whether the SIT had any knowledge of such documents.Kumar, indicated agency sources, is privy to electronic items — such as laptops and mobile phones — that were later handed over to Sudipta Sen, the “main accused”.The agency has already alleged connivance between the SIT and the alleged Ponzi firms in Supreme Court. During questioning, the agency officers are likely to seek an explanation from Kumar regarding the handing over of the electronic gadgets that could have been crucial in following the money trail and unearthing a larger conspiracy.<doc-sep>A "gang of corrupt". A "kleptocrat's club". Divided "by region" and united "by corruption". With barbs like these, the BJP has made no secret of its disdain for opposition leaders who rallied behind West Bengal Chief Minister Mamata Banerjee in her extraordinary face-off with the Central Bureau of Investigation (CBI). When a CBI team tried -- without success -- to question Kolkata Police chief Rajeev Kumar about chit fund scams, Mamata Banerjee accused the Centre of attempting a "coup" and sat on a dharna -- which she has now ended. Meanwhile, the Supreme Court has asked Rajeev Kumar to appear before the CBI. Some opposition leaders who have supported Mamata Banerjee have themselves been investigated by the CBI. Here's a brief overview. LALU PRASAD AND TEJASHWI YADAV: IRCTC SCAM Former Bihar Chief Ministers Lalu Prasad and Rabri Devi -- and their son Tejashwi Yadav -- have all been accused in Indian Railway Catering and Tourism Corporation (IRCTC) scam. What is that, you ask? A chargesheet filed by the CBI says that between 2004 and 2014, Indian Railways hotels in Puri and Ranchi were first transferred to IRCTC, and later given on lease to the Patna-based Sujata Hotels Private Limited. It's alleged that the tender process was rigged, and conditions were tweaked to help help Sujata Hotels. The Enforcement Directorate, which probes economic offences, lodged a money laundering case against the Yadav family trio and others based on the CBI's case. Lalu Prasad, Tejashwi Yadav and Rabri Devi were granted bail last week (although Lalu Prasad is still in jail due to his conviction in fodder scam cases). AKHILESH YADAV: MINING LEASES In January this year, the CBI accused former Uttar Pradesh Chief Minister Akhilesh Yadav of granting 14 mining leases in February and June 2013, in violation of an e-tendering policy ratified by the Allahabad High Court. These allegedly included 13 leases granted in Hamirpur on a single day: February 17, 2013. Akhilesh Yadav was chief minister of Uttar Pradesh between 2012 and 2017, and the mining minister between 2012 and 2013. The BJP wants to stay in power by hook or by crook. They are so scared of losing that CBI is being used as election agents This is undemocratic and against spirit of the constitution. We demand due process be followed so that CBI is not used as a tool of political interference. Akhilesh Yadav (@yadavakhilesh) February 3, 2019 Also in January, the CBI conducted searches at 14 places in connection with 11 people -- including an MLC from Akhilesh Yadav's Samajwadi Party -- to investigate illegal mining in Hamirpur district between 2012 and 2016. Akhilesh Yadav said the raids, which came before the announcement of an alliance between the SP and the Bahujan Samaj Party (BSP), were politically motivated. MAYAWATI: TAJ CORRIDOR CASE The Supreme Court asked the CBI to investigate an alleged scam in the Taj corridor project in 2003. BSP chief and former Uttar Pradesh chief minister Mayawati was accused of embezzling funds earmarked for the project. A case of disproportionate assets -- an offshoot of the scam -- was registered against her in 2004. Last week, the ED conducted searches in connection with alleged irregularities of over Rs 111 crore in construction of memorials in Uttar Pradesh during Mayawati's tenure. KANIMOZHI: ACQUITTED IN 2G CASE In December 2017, DMK leader Kanimozhi, who was an accused in the 2G spectrum case, was acquitted. So were former telecom minister A Raja and others. (The CBI has challeneged the aquittals.) Anyone who cares for Democracy, Federalism and Constitution must stand with Ms @MamataOfficial. , . #SaveDemocracy pic.twitter.com/8uCXy8bpFv Kanimozhi () (@KanimozhiDMK) February 4, 2019 In a charge sheet filed in April 2011, the CBI had alleged that there was a loss of Rs 30,984 crore to the exchequer in the allocation of 122 licences for 2G spectrum, which were scrapped by the Supreme Court in February 2012. Inputs from agencies<doc-sep>
Mamata vs CBI: Supreme Court directs Rajeev Kumar to present himself to CBI NEW DELHI: Putting an end to the West Bengal government's aggressive resistance to CBI's effort to interrogate Kolkata police chief Rajeev Kumar in connection with the chit fund scam, the Supreme Court on Monday asked the IPS officer to appear before the agency for questioning in Shillong and "faithfully cooperate with the investigating agency at all times", but restrained the CBI from arresting him.In the backdrop of massive mobilisation of state police personnel on Sunday who detained the CBI men who went to Kumar's residence to question him and laid siege to the CBI office as well as the residence of a CBI joint director, a bench of CJI Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna acceded to attorney general K K Venugopal's request for a neutral venue to question the police commissioner. "To avoid any unnecessary controversy, we direct the commissioner of (Kolkata) police to appear before the investigating agency in Shillong, Meghalaya , on such dates as may be fixed," the bench said, disregarding strong objections by West Bengal's counsel A M Singhvi who accused the CBI of working to promote BJP's political plans for West Bengal.The distance between Kolkata and Shillong is more than 1,100 km and the flight time is one and a half hours.Further, in what could spell more trouble for the Bengal government and the state police, the SC issued notices to chief secretary Malay De, DGP Virender and Rajeev Kumar on a petition filed by the CBI seeking initiation of contempt of court proceedings against them for violating three orders of the apex court since the probe was transferred to the central agency on May 9, 2014.The order was welcomed by both West Bengal CM Mamata Banerjee and the BJP. "We are so grateful and obliged to the Supreme Court. It will strengthen the morale of our officials," Banerjee said in Kolkata. She later called off her sit-in.Union minister Smriti Irani viewed the SC order differently, calling it a tight slap on West Bengal government's face which had put an end to "Mamata Banerjee's political histrionics".The SC passed the order after the CBI levelled allegations of conniving with accused persons, destroying and destruction of crucial material evidence against Rajeev Kumar, whom Banerjee has described as "one of the best officers in the world".