(By Jyotirmoy Karmokar)
NEW DELHI: The ongoing legal between CBI and Kolkata Police took an interesting turn in Supreme court on Wednesday as Justice L Nageswara Rao recuses himself from hearing CBI's contempt case against former Kolkata police commissioner Rajiv Kumar, chief secretary of West Bengal government and state DGP.
CJI Ranjan Gogoi announced the decision of Justice Rao and informed that a new bench has to be constituted for further hearing. The reason behind the recusal is that Justice L Nageswara Rao had once appeared for West Bengal Government.
The case was scheduled to be heard by CJI Ranjan Gogoi, Justice L Nageswara Rao and Sanjiv Khanna.
Despite adjournment of the case at the very outset of hearing, Avishek Manu Singvi on behalf of West Bengal government objected to CBI's attempt to submit more documents in the case. He informed the court that CBI filed a supplementary affidavit on 18th february after the filing of Rajeev Kumar, CS and DGP's affidavits on the contempt notice which is not permissable as per law. CJI took note of his objection and made it clear that the matter to be decided on the date of next hearing which is on February 27.
On February 5, the SC had ordered Rajeev Kumar, Chief secretary and DG to file affidavit on or before February 18 on the contempt petition filed by CBI.
The CBI said that stopping CBI officials at Rajeev Kumar's house and detaining CBI officers by Kolkata Police is tantamount to violating the order of SC and hence the contempt petition is filed by CBI.
On the date of next hearing, the apex court will also decide whether Rajeev Kumar, Bengal CS and DGP would be summoned in court or not because CJI had earlier made it clear that they might summon the concerned officers if the bench is not satisfied with their affidavit.