Was giving security to Mamata, not sitting on Dharna: West Bengal DGP, CP tender unconditional apology to SC

In the CBI v. Mamata Banerjee case, the alleged contemnors, Commissioner of Police, Rajeev Kumar, and DGP of West Bengal, Virendra Gupta have filed affidavits tendering an unconditional apology to the Supreme Court. The CBI too has filed its additional affidavit questioning the conduct of State Police against the CBI team.

. The alleged contemnors were issued notice by the Court in the contempt proceedings and were required to file their replies before February 18.

. Gupta and Kumar, have tendered an unconditional apology to the Court for any “inadvertent disobedience of the orders passed by this Court”. The CBI had alleged that the State Police had acted against the Court orders passed in the Saradha Chit fund scam wherein the Court directed the local Police to extend all support to the CBI in the investigation should the agency need it.

. In this regard, the Commissioner of Police Kolkata, Rajeev Kumar has submitted that the State Authorities have extended and offered their full cooperation and support to the CBI after the Court had ordered the same in its order in 2014. This included the provision of manpower to the agency as well as security and other logistical support.

. It was alleged by the CBI that Kumar was responsible for the destruction of certain electronic evidence in the Saradha Chit fund scam investigation and had dodged the agency’s summons for questioning multiple times. Kumar, in his affidavit, submitted that he was not in exclusive or direct possession of the evidence for him to act contumaciously.

. Kumar has also replied on the incidents that transpired on February 3 when a team of CBI officials were detained by the Kolkata Police and released subsequently. He states that intelligent input suggested a likely demonstration in the area housing the CBI headquarter in Kolkata. The Police contingent was deployed in the area to ensure the safety and security of the people and that of government property.

. This submission finds backing in the affidavit filed by the Director General and Inspector General of Police, West Bengal Virendra Gupta. Gupta too stated that the reports of a “siege” at the CBI office in Kolkata were reported incorrectly by the media. Gupta also denied allegations of personnel in uniform sitting on a dharna with the Chief Minister of West Bengal Mamata Banerjee.

. Gupta submits that he was present at the place where a dharna was held in order to ensure the safety of Banerjee, who is entitled to Z+ protection on account of being an administrative head of the State.

. The place where the Dharna was held became a “makeshift Secretariat/ camp office” of the Chief Minister, Mamata Banerjee for all practical purposes. The presence of the respondent at the site adjacent to the site of dharna was to discharge his duties and to tackle any unforeseen situation which could have arisen “due to the volatile and evolving situation”, the affidavit states.

. Both Kumar and Gupta have also questioned the maintainability of the Contempt petition filed against them by the CBI.

. CBI’s Additional Affidavit

. When the hearing in the case took place , the CBI, through Attorney General KK Venugopal , had informed the Court that the agency wished to file an additional affidavit in the case.

. In this additional affidavit signed by the Superintendent of Police, Head of the Branch, CBI, Kolkata, P. Cephas Kalyan states that due to a paucity of time an entire account of the events that transpired on February 3 could not be brought on record by the agency.

. He submits that the CBI team that reached the residence of Kumar was “assaulted, manhandled, wrongfully confined, humiliated by the Kolkata Police officers” and were thus prevented from discharging their duties.

. “I state and submit that criminal force was used against the officers of the CBI functioning under the directions of this Hon’ble Court” , the affidavit states.

. The agency also alleges that the actions of the Kolkata Police personnel suggested that they did not want the CBI to have any access to Commissioner of Police.

. “I state and submit that when the CBI team reached the Commissioners’ residence, the behaviour and action of the West Bengal police clearly sounded as if West Bengal Police, anyhow, does not wish anybody to have any kind of access to the Commissioner’s residence. It is not comprehensible as to what was being protected inside the Commissioner’s house.”

. Banerjee’s gesture of “rushing to” the Commissioner’s residence is also termed as “quite unusual, unprecedented and incomprehensible” in this affidavit.

. The filing of this additional affidavit by the CBI was objected to by Senior Counsel Abhishek Manu Singhvi appearing for the State of West Bengal. His objection was taken on record by the Court while fixing the next date of hearing on February 27.

. Read the affidavit filed by CBI.

. Read the affidavit filed by DGP of West Bengal, Virendra Gupta.

. Read the affidavit filed by Kolkata Police Commissioner, Rajeev Kumar.

Was giving security to Mamata, not sitting on Dharna: West Bengal DGP, CP tender unconditional apology to SC

Shruti Mahajan

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