SC to pass order on CBI plea for vacating interim protection granted to Rajeev Kumar

The Supreme Court is scheduled to pronounce verdict on Friday on the CBI application seeking vacation of the order which granted interim protection from arrest to former Kolkata Police Commissioner Rajeev Kumar in the Saradha chit fund scam.

The CBI had told the apex court that it wanted custodial interrogation of Kumar, who was earlier heading West Bengal Police SIT probing chit fund scam, as there was prima facie evidence of his allegedly trying to destroy or tamper with evidence and "shield high and mighty" in the case.

However, Kumar's counsel had countered CBI's submissions and told a bench headed by Chief Justice Ranjan Gogoi that the agency wanted his custodial interrogation "just to humiliate" him and CBI should not be allowed to abuse the process of law.

Kumar's counsel had told the bench that CBI's application seeking custodial interrogation of the IPS officer was a "mala fide exercise".

Kumar was earlier heading the West Bengal Police's special investigation team (SIT) probing the chit fund scam. The apex court had in May 2014 directed the CBI to investigate the case.

The apex court, on February 5, had granted protection from arrest to Kumar while directing him to appear before the CBI and "faithfully" cooperate into the investigation of cases arising out of the scam.

The Election Commission on Wednesday ordered the removal of Kumar, who was posted as Additional Director General, CID, in West Bengal and had asked him to report to Union Home Ministry on Thursday.

Kumar, involved in a face-off with the CBI in connection with the agency's investigation in Saradha and Rose Valley chit fund scams, was removed as Additional Director General, CID, in West Bengal for allegedly failing to control the incidents of violence in the state.

During the arguments on CBI's plea, the apex court had said that it would examine whether there was evidence requiring Kumar's custodial interrogation in the case and had also perused the case diary placed before it by the agency.

CBI had claimed in the court that they were seeking vacation of interim protection granted to Kumar as some crucial evidence, collected by the West Bengal Police SIT, was not shared with it despite repeated requests.

Kumar's counsel had argued that the IPS officer was interrogated by the CBI for almost 40 hours and the agency was not able to spell out clearly as to what was the offence committed by him for which they want his custodial interrogation.

In March 2018, the court acquitted 20 other suspects accused of burning alive the Christian couple, giving them a benefit of doubt.

On Thursday, the Lahore High Court acquitted convicts - cleric Ishtiaq and Mohammad Hanif - and upheld death sentences of other three convicts - Mehdi Khan, Riaz Kambo and Irfan Shakoor.

The lawyer for the convicts told the court that the ATC awarded them death without taking the law into consideration. The (five) convicts had been nominated at a later stage in the case and pleaded for their acquittal, he said.

Lahore High Court Justice Muhammad Qasim Khan ordered acquittal of Ishtiaq and Hanif and dismissed the plea of other three convicts.

Ishtiaq had allegedly provoked the villagers through announcement from area mosques against the Christian couple. The couple was severely tortured, dragged and thrown into the furnace of the kiln by the mob.

The police had booked 660 villagers and nominated 60 of them in the FIR. The autopsy report submitted to the Supreme Court in December 2014 stated that the victim couple was still alive when they were thrown into the kiln.

In 2015, the ATC had indicted over 100 suspects under Pakistan's anti-terrorism act for 'the use or threat of action to coerce and intimidate the government or the public or create a sense of fear or insecurity in society.'