Rajeev Kumar’s anticipatory bail plea inconclusive as Barasat court says matter not within its jurisdiction

Former Kolkata Police commissioner Rajeev Kumar’s plea for anticipatory bail on Tuesday remained inconclusive due to legal hurdles and jurisdiction of the court.

Kumar has filed for anticipatory bail, with the Central Bureau of Investigation (CBI) asking him to appear for interrogation since the Calcutta High Court lifted the protection from arrest on him on Friday. Since the High Court order, the CBI made repeated attempts to contact Kumar, who is currently on leave.

Kumar had appealed for anticipatory bail in the special CBI court at Barasat, but was told that it is a special court for trials and hearings and had no power to issue anticipatory bail.

Later, his lawyers moved the Barasat Judges court, where the matter was taken up subsequently. The matter was heard from both Kumar’s side and that of the CBI and the court subsequently said that the matter was “non-maintainable” in the court. This means that the case is not under this particular court’s jurisdiction.

During the hearing, Kumar’s lawyers said that the former Kolkata CP had not been named neither in the chargesheet nor the supplementary chargesheets and thus argued that it was unjustifiable to seek non-bailable arrest warrant against him. The CBI lawyers on the other hand said that Kumar needed to be arrested as he had not been cooperating in the investigation.

Kumar’s lawyers had made two appeals – one for anticipatory bail, and since it takes about a week’s time for this, another appeal not to arrest was also applied for. But eventually, the court said that this was not applicable within its jurisdiction.

The appeal might now have to be made before the Alipore Additional Chief Judicial Magitrate’s court. Saradha investigation cases have been filed mostly in South 24 Parganas district, and thus the question of jurisdiction.

The legal aspects of subsequent steps to be taken by Kumar and the CBI are not yet clear.

Meanwhile, the CBI’s plea for issuing non-bailable arrest warrant against Kumar that was filed in the special court at Barasat remained inconclusive due to reasons of jurisdiction as well.