Rajiv Kumar vs CBI: Supreme Court to hear bail case after 6 years

News Topical, Digital Desk : After six years, the CBI case against state Director General of Police Rajeev Kumar will be heard in the Supreme Court on Monday. The CBI had filed a case in the Supreme Court challenging Rajeev's anticipatory bail. The case is scheduled for hearing on Monday before a bench comprising Chief Justice BR Gavai and Justice K Vinod Chandran.

According to Supreme Court sources, this case is on the top of the list for hearing before the Chief Justice's bench. The Calcutta High Court granted anticipatory bail to the current state Director General of Police in 2019.
On October 1, 2019, the High Court granted Rajiv's anticipatory bail plea. Within three days, the CBI moved the Supreme Court challenging that decision. On October 4 of that year, the CBI filed a case in the Supreme Court challenging the High Court's order.

Hearings were held only twice in six years.

The court heard the case on November 25 and 29, 2019. The Supreme Court issued a notice to Rajiv on the second hearing. Rajiv received the notice from the Supreme Court on December 20 of that year. Subsequently, several petitions were filed in the court regarding this matter. However, there was no progress in the hearing. That is, in all these years, the Supreme Court has heard this case only twice.

CBI accuses Rajiv of not cooperating in the investigation

A Special Investigation Team (SIT) formed by the state government initially began investigating the Saradha chit fund scam. One of the SIT members was Rajeev, the then Bidhannagar Police Commissioner. In 2014, the Supreme Court transferred the investigation from the police to the CBI. During the investigation, the CBI alleged that Rajeev was not cooperating with the investigation and deliberately distorted key information and documents to destroy evidence.

Rajiv Kumar denies CBI allegations

However, Rajeev denied all the allegations. He told the court that he had fully cooperated with the CBI investigation. He participated in the central investigating agency's questioning for five days (a total of 40 hours) in Shillong, Meghalaya. He later appeared at the CBI office in Kolkata.

However, the CBI began taking steps to take custody of Rajeev, the former Kolkata Police Commissioner. In February 2019, the Supreme Court granted Rajeev interim protection. Later that year, in May, the court withdrew that protection. However, the Supreme Court stated that Rajeev could apply for anticipatory bail if he wished.

Rajiv filed an appeal in the High Court for anticipatory bail.

Accordingly, he filed a case in the High Court seeking anticipatory bail. Opposing bail, the CBI argued that Rajiv was deliberately delaying the investigation by not cooperating. He was an influential person. Granting him bail could hamper the investigation. He should be detained for questioning. Rajiv's counter argument was that he had repeatedly cooperated with the investigation. There was no need to detain him.

CBI moves Supreme Court

His right to personal liberty must be protected in accordance with the law. A division bench of then-High Court Justice Shahidullah Munshi and Justice Subhasish Dasgupta granted Rajiv anticipatory bail. The CBI has appealed the High Court's decision to the Supreme Court, which is scheduled to be heard by a bench headed by the Chief Justice on Monday.

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