Calcutta High Court Directs CBI To Not Arrest TMC MP Abhishek Banerjee's Secretary During Appearance In WB Coal Scam Probe

The Calcutta High Court on Tuesday directed the Central Bureau of Investigation (CBI) to not arrest Sumit Roy, secretary to All India Trinamool Congress MP Abhishek Banerjee, during his appearance before the agency in the ongoing investigation the alleged coal scam in West Bengal.

 The CBI had issued a notice dated January 25, 2022 to Roy, directing him to appear before the investigating authorities on February 1 at 11 am. 

Justice Ravi Krishan Kapur observed, 

"I am inclined that upon the petitioner resuming the investigation before the Central Bureau of Investigation and cooperating with the Investigating Authorities in terms of the impugned notice, the petitioner shall not be arrested in terms of the impugned notice requesting the petitioner to appear on 1 February, 2022. I make it clear that no other issue is being decided in this petition. In view of the fact that the matter has been heard at a belated stage, this limited order is passed only in respect of the impugned notice dated 25 January, 2022."

Further considering that the matter was being heard after the petitioner has practically complied with the impugned notice, the Court opined that there appears to be no immediate threat or apprehension of the petitioner being arrested on Tuesday in terms of the impugned notice. 

Arguments

The counsel for the petitioner argued that the impugned notice had been issued without jurisdiction and is bad in law. It was further submitted that the petitioner has not been named in the First Information Report (FIR) and thus the impugned notice should not have been issued to the petitioner. 

The Court was also apprised that Roy had visited the CBI office on Tuesday morning and had been requested to return after lunch. 

On the other hand, Additional Solicitor General Y.J Dastoor argued that it has now become 'fashionable' for individuals to approach the Court upon receipt of a notice requesting him or her to join the investigation. He further argued that a Writ Court does not have the power to interfere at this stage of the proceeding without the petitioner first exhausting all the remedies available under the Code of Criminal Procedure (CrPC). Reliance was also placed on the Supreme Court judgment in Neeharika Infrastructure Private Ltd. v. State of Maharashtra and Ors in this regard. 

It may be noted that last week Justice Rajasekhar Mantha of the High Court had expressed displeasure at the conduct of the CBI for summoning Roy to appear for interrogation at New Delhi instead of Kolkata. "This Court is unable to appreciate as to why the interrogation cannot be done at Kolkata at least in the interregnum", the Court had observed. 

 Case Title: Sumit Roy v. Union of India 

Case Citation: 2022 LiveLaw (Cal) 21. 

Click Here To Read/Download Order