Mamata-Centre faceoff: CBI can't arrest Kolkata Police chief Rajeev Kumar, but can question him, says Supreme Court

The Supreme Court on Tuesday ordered Kolkata police commissioner Rajeev Kumar to appear before the Central Bureau of Investigation (CBI) and “faithfully co-operate” in the investigation of the ponzi chit fund schemes Saradha and Rose Valley. The Supreme Court orders came while chief minister Mamata Banerjee has been in sitting in a dharna since Sunday (3 February) protesting against Centre’s high-handedness. The Supreme Court also told the CBI to question Kumar in Shillong, a neutral location. During the hearing, the CBI picked Delhi as the place for questioning, while the West Bengal government wanted Kolkata. Gogoi said, “Go to Shillong. It is a cool place. Both sides will remain cool there.” An ecstatic Mamata received the media at the dharna site and said that she stands vindicated after the court’s ruling. “This is a moral victory, it’s the victory of the people,” Mamata said. Attorney General KK Venugopal and Solicitor General Tushar Mehta appeared for CBI while Senior Advocate Abhishek Manu Singhvi appeared for West Bengal. [caption id=“attachment_5281451” align=“alignleft” width=“380”]  File image of the Supreme Court of India. AP[/caption] Singhvi claimed that the CBI’s actions were an attempt to “harass and humiliate” Kolkata Police commissioner Kumar. He asked why there was no FIR yet against the police commissioner. The Supreme Court issued notices to West Bengal chief secretary, DGP, Kolkata Police commissioner on contempt pleas moved by Venugopal, appearing for the CBI, against them. “Replies in contempt petition filed by CBI has to be placed by West Bengal chief secretary, DGP on or before 18 February,” the three-judge bench led by Chief Justice Ranjan Gogoi said. It directed the CBI not to take any coercive step or arrest Kumar, and fixed 20 February for further hearing. The bench, also comprising Justice Deepak Gupta and Justice Sanjeev Khanna, said that after consideration of the replies, the court might prefer the personal appearance of the three (chief secretary, DGP, and Kumar) on 20 February. The apex court’s secretary general will inform them on 19 February whether they are required to be present before the apex court on 20 February, the bench said. During the hearing, which lasted for about 15 minutes, Venugopal and Solicitor-General Tushar Mehta narrated the sequence of events of the Saradha scam case since 2014. They alleged that Kumar was not cooperating in the investigation of the cases arising out of the chit fund scam, which was handed over to the CBI by the Supreme Court. The Special Investigation Team (SIT) of the West Bengal police, of which Kumar was the functional head, was not handing over the complete documents over to the CBI and some of the documents given by the SIT were doctored, Mehta and Venugopal alleged. The CBI has alleged that the state SIT had not given the complete call data details and there was serious omission or commission wilfully done by the SIT. “What was given to us were doctored copy of call records,” the Venugopal said, mentioning “the chit fund scam concerning the Rose Valley case was a case of cheating, involving Rs 15, 000 crores.” While he was making submissions, the bench proposed to pass an order that it will direct Kumar to make himself available for the investigation. “No reason why he will not make himself available for the investigation,” the bench said. However, when Venugopal said the CBI has also filed a contempt petition against the Kolkata police chief, the bench said any order can be passed only after examining the replies of the parties. Venugopal also narrated the incident of detention of CBI officials who reached Kolkata Police chief’s residence on Sunday for questioning him. Venugopal said 25 CBI officials were bundled into a bus and taken to the police station, and even CBI joint-director Vikas Shrivastav’s house was under seige of the West Bengal police. Singhvi claimed that the West Bengal Police and Kumar are fully cooperating with the agency and the DGP had written five letters to the CBI in connection with the probe. He said there was no destruction of evidence, as opposed to the CBI’s allegations after five years of investigation. Grateful to Supreme Court, says Mamata Mamata called the Supreme Court order barring Kumar’s arrest “a moral victory”. “The order will strengthen morale of officers. We are grateful to the Supreme Court,” she told reporters in Dharamtala, where she has been on a dharna since Sunday night. Responding to questions on who will lead the Opposition charge against Narendra Modi in 2019 and who will be the boss of the Opposition parties, Mamata said, “No one is the big boss of this country; democracy is the big boss. I am not pleading for Kumar. I am pleading for millions of people of this country.” she said. Mamata claimed that Kumar never said he was unavailable to appear before CBI for questioning. “They wanted to arrest him on Sunday in a secret operation. They went to their house. We have written five letters to the CBI. We are very happy with the verdict. I am ready to meet and ready to cooperate and I am thankful to Central and state forces.” Mamata further added that the Modi government did not follow protocol in this case. “Centre and state should work together, but how do you work with a government hellbent on indulging in divisive politics?” Mamata asked, and said, “I never said we will not cooperate. We have written letters to CBI. Our case was strong from the very beginning,” she said. When asked who will be the Opposition leader in the 2019 face-off, Mamata said, “People will be. Every Indian is a prime minister. Janta is the big boss. I am grateful to my countrymen, but the Narendra Modi government is playing divisive politics. It is a people’s movement, it is not TMC-led movement. They scare us with arrests for every little thing. Is this a way to run a country? Sterilisation brought down Indira, Bofors brought down Rajeev Gandhi and Modi’s end of term will be because of his constant disregard for Constitution and federal structure.” Mamata refused to call off her sit-in protest and said she will only take a decision after consulting other Opposition leaders. “I am not scared of saying anything. What will they do? They will either arrest me or kill me. I don’t care,” she said. She hit out at Uttar Pradesh chief minister Yogi Adityanath, who had recently claimed the TMC of being “scared” due to the rise of the BJP. “Ask him to take care of Uttar Pradesh first. So many people have been killed (in recent incidents). Even the police were murdered. So many were lynched. He will lose if he contests elections. He doesn’t have a place to stand in Uttar Pradesh, that’s why he’s roaming in Bengal,” she said.

#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

Meanwhile, senior Congress leader Mallikarjun Kharge accused the Modi government of “settling scores” with the Opposition.

Mallikarjun Kharge, Congress: The govt is settling scores with opposition after interfering in autonomous bodies. We are fighting against those elements. It is not about an individual, an officer or a party, we are fighting against govt's attempt to discredit autonomous bodies. pic.twitter.com/h177v5o3fm

— ANI (@ANI) February 5, 2019

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Lok Sabha proceedings were disrupted again on Tuesday as Trinamool Congress members engaged in sloganeering against the Modi government over the CBI issue. First, the Question Hour was washed out and the proceedings were adjourned till noon. Soon after the Zero Hour commenced, members from the Trinamool Congress trooped into the Well and shouted slogans against the CBI and the Centre. Members from the TDP, SP and the Congress subsequently joined them in the Well. The Zero Hour went on till around 12.30 pm, after which the House was adjourned till 2 pm. Before adjourneding the House till noon, Speaker Sumitra Mahajan told the protesting the members: “You do not have faith in CBI. You do not have faith in Supreme Court … this is not done…the case is being heard by the Supreme Court. Let Parliament do its function. Let all institutions perform their (respective) roles.” On Monday too, TMC members had disrupted proceedings over the CBI issue. Click here to follow LIVE updates