Custodial interrogation means that the investigating agency is assuming certain functions of a magistrate before whom Kumar would have to appear, Mukherjee said.
Rajeev Kumar (File Photo: IANS)
How is Rajeev Kumar responsible if chief minister Mamata Banerjee and some senior police officers in uniform sat in a dharna after a CBI team visited his residence when he was the city police commissioner, Kumar’s counsel, Milan Mukherjee submitted before Justice Madhumati Mitra of Calcutta High Court, opposing his client’s custodial interrogation by the CBI.
The CBI has stated in its petition that “the incident points to complete anarchy and defies the principles of law”, but can these acts be at my client’s instigation, he asked.
Learning of the CBI’s visit, the chief minister had rushed to Loudon Street, the police commissioner’s residence, to take stock of the situation and threw her weight behind Kumar.
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“This has happened a day after (PM) Modi was here,” she had said, addressing the media.
“Whenever an election comes, there is some issue around chit fund,” Miss Banerjee had said, challenging that Kumar’s link with the chit fund scam be proved.
Kumar was leading the SIT probe in the Saradha scam. What prevented the CBI from registering a case against Kumar if “he did not respond to several notices sent to him”, Mukherjee asked.
Custodial interrogation means that the investigating agency is assuming certain functions of a magistrate before whom Kumar would have to appear, Mukherjee said.
There cannot be custodial interrogation just because CBI has said so. Custodial interrogation will tarnish Kumar’s image as a police officer who has been a recipient of President’s gold medal, Mukherjee said. The CBI has stated in its affidavit that it had sent a 25- member team to Kumar’s residence to arrest the city police chief or to serve a notice, Mukherjee said.
But the fact remains that Kumar has cooperated as seen from the video records. CBI has alleged non-coperation on the part of the state police, Mukherjee submitted. But the quantum of materials and number of men provided speak otherwise.
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