CBI calls Sunday drama in Kolkata 'most unfortunate', seeks directive to Rajeev Kumar to cooperate in plea to SC

New Delhi: While the Ministry of Home Affairs is likely to seek a report on the violation of service conduct rules by the Indian Police Service officers who sat on protest with West Bengal chief minister Mamata Banerjee, the Central Bureau of Investigation (CBI) officials are in a huddle to deliberate on the next course of action in the case.

The Ministry of Home Affairs is the cadre controlling authority of IPS officers and Kolkata Police Commissioner Rajeev Kumar sitting on protest along with the chief minister is against service rules and code of conduct. The ministry has powers to suspend and dismiss any IPS officer if found to be violating all India service rules. A senior officer, however, said the Mamata government may have played a clever trick by declaring the protest venue as her office and the police commissioner has every right to sit in her office.

 CBI calls Sunday drama in Kolkata most unfortunate, seeks directive to Rajeev Kumar to cooperate in plea to SC

Representational image. PTI

“We will wait for the report before taking further action. But if the place is declared as a chief minister's office, then the whole thing would be complicated. As commissioner, then it would be his bounden duty to ensure the security of the chief minister,” the officer said.

The CBI has termed the event in Kolkata as ‘undemocratic hooliganism’ where the chief minister along with the Director General of Police, Additional Director General of Police and the police commissioner sat on dharna on Sunday night. The agency said such conduct by the officials in uniform points to complete anarchy prevailing in the state capital, just outside the residence of Kumar, who is facing the heat in Saradha chit fund scam. The CBI, which has been conducting the investigation in the scam, has gathered substantial evidence against Kumar, who was earlier summoned by the agency.

In October 2017, he tried to scuttle the probe against him by writing a missive to the then director Alok Verma, who allegedly obliged by delaying the probe. The CBI has alleged that Kumar is now destroying the evidence pertaining to the case. The agency has confirmed that the commissioner of police was served with many summons and despite the same, he had failed to respond and created obstacles in the investigation which is not only contemptuous but a criminal offence.

The investigating agency officials are also going through the evidence that will be submitted in the Supreme Court on Tuesday. In an interim application on Monday, the agency told the apex court that CBI has substantial material to exercise its power of arrest without warrant and the Commissioner of Police Rajeev Kumar is bound to comply with the law of the land. It has sought court’s direction to Kumar for immediately making himself available before the investigating agency.

“It is most unfortunate that the elected head of state, along with DGP and other officials of the state who were obliged to cooperate with the CBI, have openly flouted the orders passed by the Supreme Court. It is submitted that such conduct on part of the persons who were involved, defies the basic principles of rule of law and is completely directed towards illegally influencing the course of the investigation by the CBI as mandated by the apex court,” the CBI application in Supreme Court said.

The CBI application has also highlighted the trauma faced by agency’s Joint Director Pankaj Shrivastava after the West Bengal Police surrounded the local office of the CBI and his official residence Sunday night. The CBI claimed 25 of its officials were held hostage in "flagrant and shameless defiance of the Constitution" and the authority of the apex court. The CBI said an atmosphere of terror was created and the whole event is a glaring example of the "breakdown of constitutional machinery in the state".

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Updated Date: Feb 04, 2019 15:20:51 IST