Important Judgment Reported Today on Clash Between CBI, CIA and West Bengal Police (18th May, 2019) Amaresh Patel LANDMARK JUDGMENT Sat, May 18, 2019, at ,06:43 PM Title of the Case – Clash between CBI, CIA and West Bengal Police Name of the case – Subrata Chattoraj v. Union of India and ors, C.A. No. 302 of 2019 (@ WP (Civil) No. 401 of 2013 Date of Judgment – 17th May, 2019 Judges: Chief Justice of India Ranjan Gogoi, and Justice Deepak Gupta, Justice Sanjiv Khanna Subject and sections involved – Section 161 and 172 of CrPC, 1973 Issue: Whether protection given to Mr. Rajeev Kumar, former Commissioner of Police, Kolkata, be continued. Whether procedure established in law followed in investigation under 161 and 172 of CrPC? Fact of the Case: the CBI alleges their officers had made a bona fide visit to Mr. Rajeev Kumar’s residence on February 03, 2019 but were prevented from entering and interrogating Mr. Rajiv Kumar by the WBSPF, who in retaliation had laid a seige around the CBI Office at Kolkata. Mr. Rajeev Kumar, was the day-to-day In-charge of the SIT appointed by the State Government. An earlier Investigating Officer, in his statement recorded on September 18, 2018 under Section 161 of the Code of Criminal Procedure, 1973, (for short, ‘the Code’) had stated that he used to receive instructions from one Mr. Arnab Ghosh, who in turn would receive instructions from Mr. Rajeev Kumar. Mr. Rajeev Kumar, as per allegation, during his interrogation at Shillong, was arrogant, non-cooperative and ambiguous in his answers, therefore, his custodial interrogation is required. The Government of West Bengal, WBSPF and Mr. Rajeev Kumar, on the other hand, have alleged political vendetta and have made allegations against Mr Nageswara Rao, former Acting Director, CBI. Statement of Mr. Debrabrata Banerjee, purportedly recorded under Section 161 of the Code, is not the true and correct version given to the CBI. Further, Mr. Rajeev Kumar had fully cooperated, a fact which can be verified from the video recording of the interrogation that had prolonged for more than forty hours, cumulatively, on different dates. Custodial interrogation, it is alleged, is being sought to tarnish the image and reputation of Mr. Rajeev Kumar, a meritorious IPS Officer of 1989 batch, who had won the President’s Medal in the year 2015 for his distinguished police service. Ratio of the case - Procedure Established in Law the decision in A.R. Antulay v. R.S. Nayak and Another, (1988) 2 SCC 602, which mandates that the procedure established in law should be strictly complied with and should not be departed from to the disadvantage or detriment of any person.