The second argument is that the state government has banned the CBI from interfering without permission. According to the prohibition under Act 6 of the CBI Formation Act, without the permission of the state government, CBI cannot take any action in the state.
Such a stop has also been imposed in Andhra Pradesh and Chhattisgarh. The CBI has reached the Supreme Court on this matter. Where the Central Investigation Agency has been ordered on behalf of the court that it will present evidence against the police commissioner for proof of bribery. But what are the legal aspects of what these political developments say, law expert Virag Gupta says that on November 16, three months ago, the West Bengal Government withdrew the recognition and consent given to the CBI under the Delhi Police Establishment Act, 1946. Was Lee. On this basis, it is being said that the prior permission of the state government is necessary for the investigation of the case of the police commissioner by the CBI.
The Supreme Court ordered in May 2014 for the CBI probe into the Saradha and Rosiwali Chitfund scam. CBI should seek the permission of the state government to investigate in new cases, but after the Supreme Court’s order to investigate the old cases of chitfund scandals, the CBI does not need the permission of the state government.
As far as the question of Kolkata Police Commissioner is concerned, Virag Gupta says that according to law, the documents and the evidence should be handed over to the investigating officer of the SIT by the investigating officer of the CBI. Let us tell you that Rajiv Kumar was the head of the SIT formed by the state government in April 2013, after which the investigation was submitted to the CBI in 2014. Laptops, mobile, pen drives, diaries and some documents have not been handed over to the CBI by the SIT.
According to the joint director of the CBI, despite four summons being issued, police commissioner Rajiv Kumar is not being assisted in the investigation. According to the petition filed in the Supreme Court, the demand for the surrender of Rajiv Kumar has been sought.
Let me tell you that many leaders of Trinamool Congress have gone to jail in the Saradha chitfund scam case. BJP leader Ravi Shankar Prasad said that Mamta Banerjee remained silent on the arrest of Sudip Bandhopadhyay, Madan Mitra, but she sat on the protest about the police commissioner, it is questionable.