CBI's Contempt Plea Against West Bengal Police: Justice Nageswara Rao Recuses From hearing

The Supreme Court today deferred to next Tuesday the hearing on the contempt plea filed by the CBI against the West Bengal state police in the Saradha Chit Fund scam.

The adjournment was on account of the recusal of Justice L. Nageswara Rao- "in item 1, there is a problem. My brother does not wish to hear the matter. He has earlier appeared for the West Bengal government", said Chief Justice Ranjan Gogoi at the outset.

At the previous hearing on February 5, the court had directed Kolkata Police Commissioner Rajeev Kumar "to appear and make himself available before the CBI and to faithfully cooperate at all times" in connection with the investigations into the Saradha Chit Fund scam. The bench had permitted Kumar to appear before the federal probe agency at "neutral" Shillong, making it clear that "no coercive steps including arrest" may be initiated against him.

The bench had also issued notice to the Chief Secretary of the state of West Bengal, the DGP and the Police Commissioner on CBI's contempt plea, requiring the officials to file their responses on or before February 18. It was further notified that on consideration of the replies, the court may require their personal presence on February 20.

On Wednesday, Senior Counsel Abhishek Manu Singhvi, appearing for the state government, objected to an additional affidavit filed by the federal probe agency in the contempt proceedings- "this is very, very serious and important. On the night of the 4th (of February), they came to my house. On the 5th, Your Lordships passed the order. Then there is the additional affidavit of the CBI filed without any orders of the court, in direct violation of the Supreme Court rules. Yet another non-invited, non-permitted affidavit is filed!"

Dr. Singhvi indicated Rule 8 of 'The Rules to Regulate Proceedings for the Contempt of the Supreme Court' which clearly states that after the person charged has filed his reply, no further affidavit or document shall be filed except with the leave of the court.

"What is the description of this affidavit?", asked the Chief Justice.

"Additional affidavit...filed on 18th afternoon", replied Dr. Singhvi.

Interjecting, Attorney General K. K. Venugopal urged, "It is a very serious matter...Whether we are prevalidating or they are [unclear]...Give us an opportunity to respond"

"Officers have lied on oath before Your Lordships", insisted Solicitor General Tushar Mehta.

On February 18, the alleged contemnors had filed separate affidavits in the apex court in response to the notice. Apologising for any inadvertent disobedience, Kumar has asserted that he has Always cooperated with the CBI, further alleging that he was Declared "absconder" with a view to tarnish his reputation and impeccable service record. He has regarded as suspicious Why the CBI conducted raid and laid seige on his house on its Interim Director's last day in office.

Besides, he has argued that he Was just a member of the SIT constituted by the state government in the wake of the Chit Fund scam, having played no supervisory role as was claimed by the CBI on the last occasion- 'all Material, evidence was in custody of Investigating Officers and not me', he has averred in response to allegations of destruction of and tampering with evidence.

Kumar has indicated that the court had appreciated the state's investigation several times, the transfer to the CBI made only owing to the inter-state ramifications.

In context of the contention that uniformed police officers had participated in the Dharna commenced by West Bengal CM Mamata Banerjee, he has clarified, "My presence, adjacent to the dharna site was to 'discharge his duties' as the police commissioner, considering the venue had become a temporary Secretariat and camp office of the CM"