Supreme Court Refuses To Grant Protection From Arrest To Former TMC Leader Vinay Mishra Accused In Cattle & Coal Smuggling Cases

While issuing notice in the Special Leave Petition filed against the Calcutta High Court order, the bench of Justices DY Chandrachud, MR Shah and Hima Kohli tagged the matter with Anup Majee's case.

Appearing for Mishra, Senior Advocate Mukul Rohatgi submitted that Mishra was ready to come back to India and participate in the ongoing proceedings provided he was not arrested upon his arrival.

"At Least in Anup Majee, the HC did come to the conclusion as to whether the CBI has jurisdiction or not. However, in this, there is no mention. My client will come but he should not be arrested. The entire family is being summoned. This is a political hounding of this man," Senior Counsel  argued that this was a political witch hunt.

It was also Senior Counsel's contention that the petitioner has come to know about lookout/red corner notices issued by C.B.I in connection with R.C. Case No. 19 dated 21.09.2020 which is contrary to the concept of coercive steps.

Appearing for CBI, Solicitor General Tushar Mehta while submitting that they would file an affidavit contended that Mishra had misused the liberty granted by the High Court.

"Benefit of High Court's order dated April 22, 2021 of protection was taken. He went to Dubai & he also surrendered his citizenship. The High Court should have been informed about this," remarked Justice Chandrachud while refusing to grant protection from arrest.

Background

Former TMC Leader Vinay Mishra has been charged with offences under Indian Penal Code and the Prevention of Corruption Act, 1988 (PC Act, 1988), proceedings of which are currently pending before the Special Judge, C.B.I., Paschim Bardhaman at Asansol. He is the prime suspect in a CBI case that alleges that he illegally mined coal worth several thousand crores of rupees, which was sold in the black market over several years by a racket operating in the western part of West Bengal where the Eastern Coalfields Limited operates several mines.

The Calcutta High Court on April 22, 2021 taking into consideration the Supreme Court's order of granting Anup Majee protection from Arrest had granted interim protection thereby providing immunity from arrest till 3rd May, 2021 to Mishra provided that he ensured his appearance before the C.B.I. on 3rd May, 2021.

Subsequent to the High Court's order granting interim protection, Mishra had approached the High Court for joining investigation through video conferencing with a further prayer seeking protection against his arrest including cancellation of proclamation order and the look out circular in India and any other country.

What Was The Calcutta High Court Order?

While refusing to interfere in the ongoing investigation being conducted by Mishra in the cattle and gold smuggling case, the single judge bench of Justice Tirthankar Ghosh had observed that,

"The nature of allegations complained in the present case, the officers/accused who are involved and the loss which has been sustained do not involve any interference with the powers vested in the State by the Constitution."

Relying on it's earlier Judgment Ramesh Chandra Singh and Another Vs. Central Bureau of Investigation the High Court held that Central Government/CBI's power to investigate and prosecute its own officials cannot be impeded or interfered by the State.

The High Court had also declined to extend its order that had shielded him from arrest. The Court had noted that in the instant case, the FIR and charge sheet reflect that the concerned government officials along with certain beneficiaries had entered into a conspiracy in order to manipulate the auction procedure in respect of the seized cattle thereby depriving the central government of its legitimate dues.

Case Title: Vinay Mishra v. Central Bureau of Investigation | SLP(Crl) No. 6191/2021

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