Apex court dismiss the plea of former KOlkata CP Rajiv Kumar
The Supreme Court Friday dismissed a plea of former Kolkata Police Commissioner Rajeev Kumar seeking an extension of protection from arrest in the multi-crore Saradha chit fund scam case.
Kumar was earlier granted protection from arrest by the apex court for seven days which ends today.
A vacation bench headed by Justice Arun Mishra said Kumar can approach the Calcutta High Court or the trial court there for seeking relief.
At the outset, the bench told Kumar's counsel that a bench headed by Chief Justice Ranjan Gogoi had already passed an order in the matter and later the CJI had also declined the urgent listing of an application filed by the IPS officer seeking an extension of protection from arrest.
"Is it maintainable (the writ petition)? You can go to the high court or the trial court the courts are functional there," the bench told advocate Sunil Fernandes, who was representing Kumar.
When Fernandes said the courts in Kolkata are not functioning due to ongoing lawyers' strike, the bench said, "You are wrong. The courts are sitting there. All judges are sitting in courts and they are hearing litigants. You client is a former commissioner of police and he knows the law better than many young lawyers. He can personally go to courts there.
The bench also said that Kumar's fresh writ petition has wrongly been listed before it since the CJI-led bench had already passed an order in the matter.
Fernandes told the bench that they will approach the CJI but the problem was that protection from arrest granted to Kumar is expiring today.
"What can be done? Do we have the jurisdiction to hear this? Your problem may be anything but your petition under Article 32 is not maintainable," the bench said.
"You have already moved an application for extension of protection before the CJI. Do you want a harsh comment from us? It is not proper for you to file the petition and then request for urgent listing when the CJI had already declined the urgent listing of your applications. Don't misuse our generosity like this," the bench said.
On May 17, a three-judge bench headed by CJI Ranjan Gogoi had withdrawn the protection from arrest granted to Kumar by its February 5 order.