Questions CBI Must Answer on the Kolkata Police Commissioner Row

Mamata vs CBI | There were better options to handle Kumar’s case if he was refusing summons, says ex-CBI director.

Kolkata Police Commissioner Rajeev Kumar.

(Photo: Arnica Kala/The Quint)

The Supreme Court on Tuesday, 5 January, ordered the Kolkata Police Commissioner Rajeev Kumar to appear before the CBI in Shillong and cooperate in the chit fund scams investigations. The court also issued notices to the West Bengal government on the contempt petition filed by the CBI, and ordered them to file a reply by 20 February.

This is after the CBI on Monday filed a petition in the SC for an urgent hearing against Kumar, claiming that he hadn’t complied with summons issued to him and that he might have destroyed crucial evidence.

On 3 February, Chief Minister of Bengal Mamata Banerjee dramatically sat on dharna after CBI officials reached Kumar’s Kolkata residence. She accused the Modi government of undermining India’s federalism and institutions like the CBI. How can the agency enter Kolkata’s top cop’s residence without a warrant, she asked.

In the Kolkata police vs CBI face-off, five CBI officers were bundled into vehicles and detained at a Kolkata police station, only to be later released.

Interestingly, all this action took place on interim CBI Director Nageshwar Rao’s last day of work.

So, the BIG question is – What was the immediate trigger for the CBI to arrive at the Kolkata Commissioner’s residence on a Sunday without a warrant? Why couldn’t they wait till Monday? What was the urgency?

There are two versions.

CBI’s Version

The SC handed over the chit funds cases to the CBI in May 2014 and instructed the State Police to extend full cooperation to the CBI “including assistance in terms of men and material to enable the latter to conduct and complete the investigation expeditiously”.

A Special Investigative Team was constituted by the West Bengal government prior to the SC’s order under the chairmanship of Rajeev Kumar, who is currently Kolkata Police Commissioner.

The CBI has claimed that Kumar is in possession of crucial evidence which could expose top WB politicians. CBI sources say that Kumar may be keen to withhold such evidence, and has therefore not been cooperating with the CBI, despite being summoned several times.

This begs the next BIG questions – What was the CBI doing for the past 4 years? Why didn’t they collect ‘incriminating’ documents from Kumar earlier? In the absence of such ‘crucial evidence’, how is the CBI effectively investigating the chit fund scams?

Former interim CBI Director Nageshwar Rao, instead of releasing a statement, spoke to selected media outlets. He told ANI:

“They (Kolkata Police) have taken charge of all the evidence, seized all the documents. They have not been cooperating with us in handing over all the documents and a lot of evidence has been destroyed or caused to disappear.” 

Kumar was in possession of the documents of the case because he was chairman of the SIT formed by the Bengal government. On being questioned, the CBI has not been willing to elaborate on the specific nature of the documentary evidence they have been seeking from Rajeev Kumar. Nor has the CBI explained why they did nothing for 4 years despite their ‘fears’ that Kumar could destroy evidence.

“CBI’s Conduct Unwarranted” Says Former CBI Director

The Quint spoke to the former CBI director AP Singh for his comments on how the CBI has handled the case and to get a sense of the laid-down procedures in such situations.

There was no need for the CBI officers to reach Kolkata Police Commissioner’s residence without a warrant, Singh said.

“When CBI found Kumar not complying with the summons, they could’ve apprised DGP of West Bengal, Chief Secretary of Bengal – or even the CM – of the situation and sought their cooperation. Then, if they found the State not responding to the agency’s request, they could’ve moved the High Court and Supreme Court to seek a warrant against Kumar. CBI could’ve handled the matter in a better way.” 

AP Singh, Former CBI Director

The CBI moved court when former finance minister P Chidambaram didn’t appear before the agency in a corruption case. What stopped the CBI in approaching the court in the case of Rajeev Kumar?

Singh added that considering Kumar is a Police Commissioner, with all of Kolkata Police coming under him, the CBI took too much of risk sending their officers to Kumar’s residence without proper documents or a warrant – a move that eventually backfired.

Questions CBI Needs To Answer

• What are the crucial documents related to the case allegedly in Kumar’s possession?
• Did the CBI go to Kumar’s residence to question him or to collect documents from him?
• What is the status of the investigation in the chit fund cases?

All eyes will be on the SC’s next hearing, as the CBI has been asked to prove that Kumar has destroyed crucial evidence. Again the question arises – how will CBI prove that Kumar has destroyed evidence? And if any such proof of ‘destruction of evidence’ exists, then why has the CBI been quietly sitting on it? Why has the CBI never shared such proof or informed the court about it?

Meanwhile, after the Sunday drama, the Central Home Ministry has sought a report from the Bengal government on the role of IPS officers regarding “allegations of obstructing investigation and violation of Service Conduct Rule”.