Supreme Court Allows CBI To Investigate FIR Against Kolkata Police Officers, But No Arrests To Be Made

The Supreme Court on Friday granted interim protection to officials of Kolkata Police and West Bengal Police from arrests in an FIR registered by the CBI against unidentified officers. The Court however allowed the CBI to continue with the investigation of the case.

The Court was considering a petition filed by the Commissioner of Police Kolkata against a Jharkhand High Court direction to CBI to investigate the conduct of a petitioner, who had filed a complaint in Kolkata against a lawyer who filed a PIL seeking probe against Jharkhand CM.

A Bench comprising Justice Sanjiv Khanna and Justice M.M. Sundresh passed the following order:

“Till the next date of hearing, Central Bureau of Investigation (CBI) can continue with the investigation in accordance with law….We also deem it appropriate to direct that officers/employees of the West Bengal/Kolkata Police will not be arrested till the next date of hearing.”

At the outset, Justice Khanna told Senior Advocate, AM Singhvi, “This whole thing looks to be shady.”

Mr. Singhvi submitted that even if it was so, ‘how do you file FIR against the Kolkata Police’.

However, Justice Khanna was of the opinion -

“Let the CBI conduct the investigation, but arrests will not be made. We should go to the root of the matter. If something wrong has happened, it has to be checked.”

Mr. Singhvi beseeched the Bench if the Kolkata Police could extend its cooperation in the investigation through Video-conferencing. He submitted, otherwise half of Kolkata Police would be in Delhi. Though the Bench did not permit virtual interrogation, it asked CBI to interrogate or question officers/employees of the West Bengal/Kolkata Police in Kolkata.

Background

On 31.07.2022, one Amit Kumar Agarwal had lodged a complaint with the Officer-in-Charge of the Hare Street Police Station in Kolkata, essentially, against Rajeev Kumar, Counsel representing a petitioner in the PIL filed against Hemant Soren, Chief Minister of Jharkhand. The substratum of the complaint was that Kumar was asking for a bribe to withdraw another PIL pending before the Jharkhand High Court. Eventually, an ECIR was registered against Agarwal by ED, Ranchi under Section 120B, 384 of the Indian Penal Code and Section 7A of the Prevention of Corruption Act, 1988. The impugned judgment was passed when Agarwal approached the Jharkhand High Court seeking to quash the ECIR and all subsequent proceedings, and to prevent any adverse action. During the course of the hearing, the Counsel appearing on behalf of ED pointed out the statement of Rajeev Kumar made on 22.08.2022 that after his arrest by Kolkata Police, he was repeatedly forced about his acquaintances with the Judges of Jharkhand High Court, Government officials of ED, CBI and IB. He had stated that the police were continuously repeating and pressurising him to say that he had extorted money for Government officials and the judiciary and pressurising him to accept that he had extraneous connection with the ED officials. After hearing the Counsels for both sides, the High Court directed the CBI to initiate a preliminary inquiry into Agarwal’s conduct. It held -

“In the case in hand, this petitioner (Agarwal) has tried to scandalize the judiciary, ED officials and Government officials particularly considering that Hare Street P.S. Case was registered with the police station, which was not within the jurisdiction of resident or office of the petitioner, which suggests that there is larger conspiracy to malign the image of judiciary, ED and other officials including the Court staff, which is a serious matter and this all has come in the investigation of the ED. Such type of allegation brought to the knowledge of the Court cannot be allowed to go unattended. The public at large expected a fair, honest and impartial inquiry and investigation. In that view of the matter and in the interest of justice, the Court comes to the conclusion that it would be sufficiently served if the Director, CBI is directed to initiate a preliminary inquiry into the conduct of this petitioner and it is, therefore, being order by this Court accordingly…”

Subsequent to conducting the preliminary inquiry, an FIR was filed by CBI, wherein Agarwal and unknown officials of Kolkata Police were named as accused.

On Friday, Mr. Singhvi pointed out that as per the directions of the Calcutta High Court, Kolkata Police has registered an FIR in a matter where death had taken place in CBI custody. It was indicated that the CBI, that had not acted in the present matter for 2 months, had proceeded against the Kolkata Police only pursuant to its filling of the said FIR.

[Case Title: Commissioner of Police Kolkata Police v. Amit Kumar Agarwal And Ors. Diary No. 4521/2023]