Former Kolkata Police Commissioner Rajeev Kumar sent an e-mail to the CBI, requesting a month's time to appear before as he is on leave.
The agency summoned Rajeev Kumar for questioning in connection with the probe into the Saradha scam. He was served the notice to appear before the CBI on Saturday after the Calcutta High Court withdrew his legal protection from arrest on Friday. He was sent on leave on Thursday before the court removed his protection.
The CBI, however, turned down the request. “One month cannot be given as he has lost all legal protection. We need him immediately. He wants to delay the investigation,” an official told THE WEEK.
Kumar, additional director general of CID in Kolkata, is one of the prime accused in the Saradha scam. However, the CBI is yet to file an FIR against Kumar. His name did not figure in the chargesheet as well.
However, the investigating agency had many evidence against him. These were produced before the Supreme Court in sealed documents. After going through the evidence, a division bench of Supreme Court, headed by Chief Justice of India Ranjan Gogoi dismissed his plea for legal protection and allowed custodial interrogation by the CBI. A lookout notice was issued against him earlier.
Earlier, in an unprecedented move, the CJI had asked the CBI director to submit report on the evidence against Kumar. The plea of Kumar was turned down after the CJI went through the report and the evidence.
Meanwhile, Kolkata Police is offering protection to Kumar. There is police presence all around Park Street where Kumar resides. A team of CBI officers, led by a joint directed, reached Kolkata on Saturday morning to assist CBI’s eastern chief, joint director, Pankaj Srivastava.
While a team of CBI officers is posted at the residence of Kumar, Srivastava met the legal adviser of the CBI, Y.J. Dastur, to ensure that all legal options for placing Kumar under arrest are formalised.
Kumar is believed to be in safe house and protected by the CID and Kolkata Police. In the light of what happened in February, when CBI officers were assaulted for trying to arrest Kumar, the CBI would not try to forcibly enter the house of Kumar and arrest him as police would outnumber the sleuths.
The CBI headquarters in Delhi has been alerted about the impasse. Sources have confirmed that after evaluating all legal options, the CBI might take help from CRPF to arrest top cop. The decision in this regard would be taken soon.
Srivastava said, "Let me to not to divulge our future action. We are working on it."
Sources in the CBI have told THE WEEK, “There is no legal hurdle before agency to arrest him. He has been summoned under Section 482 of CrPc. Only Supreme Court is his option, but the apex court also generally does not interfere in summons under 482 of CrPc.”
The Section 482 of Criminal Procedure Code gives special power to any high court to safeguard its order.
The BJP has strongly objected in the manner in which Kumar is evading law.
“He is doing it with the backing of the chief minister. But she must keep in mind that even P. Chidambaram was not immune to law. He must surrender and help in the investigation into one of the most horrendous financial crimes in the history of India,” said, Dilip Ghosh, West Bengal BJP president, in Kolkata.
The Saradha scam is one of the multi-chit funds scam in Bengal where around Rs 50,000 crore of public money was looted.