New Delhi: The Supreme Court Monday refused to monitor the ongoing CBI investigation into the Saradha chit fund scam in West Bengal.
A two-judge bench comprising Chief Justice Ranjan Gogoi and Justice Sanjiv Khanna did not allow the application filed by some investors that despite the apex court’s 2013 order directing the agency to probe the chit fund scam, the investigation has not attained finality.
“We are not inclined to set up a monitoring committee for the chit fund scam probe,” the bench said.
The apex court in 2013 had transferred the probe into the scam to the CBI.
The top court had on February 5 directed Kolkata Police Commissioner Rajeev Kumar to appear before the agency and “faithfully” cooperate into the investigation of cases arising out of the chit fund scam, while it making it clear that he will not be arrested.
The CBI has alleged that Kumar, who was leading the SIT in the Saradha chit fund scam, destroyed and tampered with material evidence in the form of call detail records (CDRs) of the prime accused and potential accused.
The apex court had on February 4 taken strong note of allegations of tampering with evidence in the Saradha scam, saying, “If the police commissioner is even remotely trying to destroy evidence, we will come down so heavily on him that he will regret.”
The court had also directed the West Bengal chief secretary, the director general of police (DGP) and the Kolkata police commissioner to file replies to the statements made in the contempt petition filed against them by the CBI on or before February 18.
On February 3, the CBI officials had gone to Kumar’s residence in connection with the probe.
The agency also claimed that companies like Saradha, Rose Valley and Tower Group had given huge contributions to the Trinamool Congress.
Claiming that the SIT is under investigation as it was conniving with accused and potential accused to subvert the investigating process, the affidavit filed by CBI said there are a large number of hard discs and other material still in custody of Kumar which he had collected as an investigating officer, being the head of the SIT and being the functional head and day-to-day in-charge of SIT.
The CBI alleged that the entire material gathered by Kumar during the initial and crucial stage of investigation was not handed over to the agency which was entrusted with the investigation of the scam by the apex court on May 9, 2014.
The CBI said that while the SIT was conducting the investigation on the directions of the Kolkata High Court, “crucial original, primary and fundamental evidence such as laptops, mobile phones etc.,” were handed over to the main accused in the Saradha scam case by the IO of West Bengal Police working under direct supervision of Kumar.
The CBI said Kumar is prima facie guilty of having committed criminal offences and has not coordinated in spite of the summons being issued.
Further, the agency said that despite an FIR lodged in 2013 against Rose Valley, the SIT suppressed that fact which resulted in non-registration of a regular case by the CBI.
The CBI alleged the administration of the West Bengal government has exhibited non-cooperation and is preventing it from conducting a free and fair investigation.
It said that apart from the evidence which is already destroyed or tampered and the evidence which is in the process of being so destroyed or tampered, the very factum of local police detaining the personnel of the investigating agency discharging duty entrusted by the court, is serious enough for the top court to take cognisance of.
In the affidavit, the CBI narrated the entire incident in which the CBI personnel were taken into custody and the house of its joint director was seized to manifest that there is a complete breakdown of constitutional machinery in the state.
Also read: Not an interrogation, says Rajeev Kumar’s lawyer as Kolkata top cop meets CBI
Prof PK Sharma , Freelance Journalist,Barnala (Punjab)
The honorable Apex Court has taken a very fine and logical stance on the investors’ plea of setting up of the
Monitoring Committee by the court to take Saradha scam to its logical conclusion !
The court very aptly refused to do so !
Where and in which direction our nation is heading towards ?
Very ironic indeed ! The NaMo led BJP led government at the centre preferred to be in deep slumber over this
scam all these almost quarter to five years in power ! All of a sudden, just three months before Lok Sabha Polls
NaMo regime and CBI both woke up abruptly to be on their toes ! NaMo very optimistically chose this time
to exploit West Bengal Poll Scenario to his advantage to brighten BJP ‘s poll prospects up in the state ! Only
time will tell what is in store for NaMo ?
Despite the Apex Court’s transferring the scam probe to the CBI in the year 2013 the probe moved at a snail’s
pace not reaching anywhere so far ? At the instance of the ruling party bosses at the centre, CBI team failed to
outsmart Kolkata Commissioner of Police Mr.Rajeev Kumar disappointing them that too after surprise raid
during the darkness of the night !
Does it not speak volumes of the efficiency and smartness of the premier investigation agency of the nation ?
Only with the Supreme Court intervention it could succeed in questioning Mr.Rajeev Kumar ! Then why has not
CBI initiated investigations in to the alleged cases of corruption in wake of charges -countercharges of bribery
slapped by Mr. Alok Verma former CBI Chief and former Special Director CBI. Mr.Rakesh Asthana against eachother ?
If petitioners follow this practice of seeking Supreme Court monitored probe mistrusting CBI,IB, Intelligence agencies,
Police then nation will have to think of setting up of too many Supreme Courts instead of only one !
Therefore, it is the dire need of the hour for all the organisations., institutions and instruments of the state to evolve ways
and means for the welfare and well-being of the natives quite spiritedly !
After seven decades of independence, the premier investigation agency of the nation could not succeed in questioning a
top Kolkata Cop and Senior IPS officer of the nation following transfer of Scam Probe to the CBI in the year 2013 !
Mindboggling riddle indeed ! Is more than five years period inadequate or small period for the CBI for this simple exercise
what to talk of cracking this scam ?
Prof PK Sharma, Freelance Journalist
Pom Anm Nest,Barnala (Punjab)