Saradha Scam : Ex-Kolkata Police Commissioner Rajeev Kumar Moves SC Against Arrest

Rajeev Kumar IPS, former Commissioner of Police of Kolkata, has filed a writ petition in the Supreme Court seeking stay of his arrest in the Saradha Chit fund scam case.

On May 17, the Supreme Court had lifted the interim protection granted against arrest and had given him seven days time to seek legal remedies.

He has now directly approached the Supreme Court saying that no legal remedies are available to him in West Bengal due to the strike announced by lawyers there since April 25.

The apex court, on February 5, had granted protection from arrest to Kumar while directing him to appear before the CBI and "faithfully" cooperate with investigation of cases arising out of the scam.

In his petition, Kumar says that apex court transferred the probe in the case to CBI not because of any lapses on the part of state police but due to the inter-state ramifications of the crime. 

He was not in-charge of the day to day investigation of the case but was only responsible for logistical arrangements of the Special Investigation Team, states the petition. Therefore, he was no in exclusive or direct possession of evidence. He denies the allegations that he had withheld crucial evidence collected by the police from the CBI and had tampered the Call Details Records of the accused in the case.

"the CBI has not made any attempts to summon the concerned Investigating Officers and/or to interrogate them in relation to the alleged tampering of evidence. The mala fides of the Respondent/CBI and complete disregard to process of law is evident as those entrusted with superintendence and supervision of the investigation have not been summoned in this regard and no allegations have been made against them regarding alleged destruction of evidence", the petition states.

On February 3, an open clash between the CBI and the Kolkata police occurred when CBI officials who attempted to enter the residence of Kolkata police chief Rajeev Kumar for interrogation were detained by WB police. This led to the CBI approaching the SC and the SC ordering Rajeev Kumar to make himself available for investigation by CBI in relation. The questioning of Police Commissioner was directed to be made at a neutral place, Shillong.

Referring to the SC decision in Arnesh Kumar case, he says that arrest of a person should be carried out only in exceptional circumstances as a last measure. 

"the arrest of the Petitioner would not only tarnish his reputation but also adversely impact his impeccable service record. Such an arrest will lead to automatic suspension of  the Petitioner from service. There is imminent chance of arrest if the Petitioner is not protected till the time the Courts in West Bengal take up for consideration the Anticipatory Bail Application of the Petitioner herein, which the Petitioner is unable to file because of the Resolutions passed by the Bar Council of West Bengal", Kumar mentions in the petition.