The Supreme Court on Friday withdrew protection from arrest given to former Kolkata police commissioner Rajeev Kumar in the multi-crore Saradha chit fund scam, in which the CBI wanted to interrogate him in custody.
The top court also expressed concern over the confrontation between the CBI and the West Bengal Police in the case, saying that "at the receiving end are silently waiting lakhs of small town and rural investors who have been deprived and looted of their savings".
It said however that its February 5 order granting protection from arrest to Kumar would continue for another seven days from Friday to enable him to approach the competent court for relief.
A bench headed by Chief Justice Ranjan Gogoi and Justices Deepak Gupta and Sanjiv Khanna left it open to the Central Bureau of Investigation to act in accordance with the law.
"Therefore, in the given facts, we would withdraw the protection given to Rajeev Kumar, former Commissioner of Police, Kolkata, vide our order dated February 5, 2019 restraining the CBI from arresting him and thereby, leave it open to the CBI to act in accordance with the law," the bench said.
"At the same time, we direct that the interim order dated February 5, 2019 would continue for a period of seven days from the date of pronouncement of this order to enable Rajeev Kumar to approach competent Court for relief, if so advised," said Justice Khanna, who pronounced the eight-page verdict.
The bench, which was dealing with an application of CBI seeking to vacate the February 5 order, clarified that contentions and reasons raised in the probe agency's application would not be grounds to accept or reject the request of custodial interrogation or grant of protection, if any such petition is moved.
It disposed of the application in pursuant to the directions and said that the CBI's petition seeking contempt action against Kumar for creating hurdles in the investigation of Saradha chit fund case would be taken up in the due course.