You are on page 1of 17

1

IN THE SUPREME COURT OF INDIA


CIVIL ORIGINAL JURISDICTION
IN
I A No. ______ of 2019
IN
WRIT PETITION (CIVIL) NO. 401 OF 2013

IN THE MATTER OF:


Subrata Chattoraj
...Petitioners
Versus
Union of India …. Respondent

And in the matter of:-


Central Bureau of Investigation ….Applicant

And in the matter of:-


The State of West Bengal ….Opposite Party

ADDITIONAL AFFIDAVIT ON BEHALF OF THE APPLICANT

I, Partha Mukherjee Supritendent of Police, CBI, EO-IV, Kolkata ,

well conversant with the facts and circumstances of the case do

hereby solemnly state as follows: -

1. It is submitted that this Additional Affidavit is being filed

pursuant to the liberty granted by this Hon’ble Court vide

order dated 04.02.2019. It is humbly submitted that in

continuation of the affidavit dated 04.02.2019, I submit

that the prima facie role of Sh. Rajeev Kumar, IPS in

Shardha Chit fund case being RC No. 4(S)/2014 registered

at Kolkata, is under investigation pursuant to the mandate

given by the this Hon’ble Court in WP (C) 401 of 2013 dated

09.05.2014.
2
2. It is submitted that Sh. Rajiv Kumar, IPS was issued with a

notice under section 160 Cr.PC dated 18.10.2017, followed

by notice dated 23.10.2017 and further followed by notice

dated 18.08.2018. I submit that despite these notices the

said Sh. Rajeev Kumar, IPS did not join the investigation. It

is submitted that due to non-cooperation by Sh. Rajiv

Kumar, instead of taking any other action under CrPC, an

intervention of Director General of Police, West Bengal was

also solicited by CBI. Despite explicitly seeking the same,

the DGP did not afford any meaningful help or assistance in

pursuing the matter and requiring Sh. Rajiv Kumar to

cooperate as the notices mentioned hereinabove.

3. At the outset ,it is humbly submitted that the State of West

Bengal had transferred all the chit fund cases and its

investigation in the entire State of West Bengal to a special

Investigation Team (herein after referred as SIT), vide

Gazette notification 26.04.2013. Simultaneously, a PIL was

filed before the Hon’ble High Court of Kolkata, wherein the

Hon’ble High Court directed the said SIT to submit a

monthly status report. While the said investigation was

being done by the SIT, crucial original, primary and

fundamental evidence such as Laptops, mobile phones etc.

were handed over to the main accused in the Sharada

Scam case by the I.O. of West Bengal Police working under

direct supervision of Sh. Rajiv Kumar. It is submitted that

the return of crucial evidence to the main accused by the


3
SIT headed by Sh. Rajiv Kumar, despite the regular

monitoring by the Hon’ble High Court, clearly show

connivance of the SIT to a larger conspiracy wherein local

authorities have obstructed investigation and made

attempts to destroy the evidence prior to the transfer of the

case to the CBI by this Hon’ble Court.

4. It is submitted that as narrated in detail hereunder Sh.

Rajiv Kumar, Commissioner of Police, Kolkata is prima facie

found to be guilty of having committed criminal offences as

mentioned hereunder. Sh. Rajiv Kumar has not

coordinated in spite of the summons being issued. Sh.

Rajiv Kumar has also destroyed, destructed and tampered

with the material primary evidence in the form of CDRs

while handing over the same to the CBI on 28.6.2018.

5. It is humbly submitted that Sh. Rajeev Kumar IPS was the

Commissioner of Police, of Bidhan Nagar Police

Commisionerate from 2012 to 2015. It is submitted that

under the said Commissionarate, both big ponzi companies

i.e Shardha and Rose Valley were flourishing. It is humbly

submitted that there are several incriminating material

/correspondence that was collected during the investigation

by the CBI against the senior police officials as well as

senior politicians. It may not be prudent to disclose the

same in this affidavit in detail however, the investigating

agency craves leave of this Hon’ble Court to submit the


4
incriminating material collected by the agency in a sealed

cover during the course of submissions.

6. It is humbly submitted that the entire SIT headed by Sh.

Rajeev Kumar, is under investigation as the said SIT,

instead of serving the purpose, was conniving with the

accused/potential accused persons and was actively

subverting the investigation process. It is submitted that

said conduct of the SIT has come to light in view of the

statements recorded by the CBI under the Section 161

Cr.PC.

7. It is further submitted that there was an FIR dated

04.10.2013 in Durga Pur police station Kolkata against M/s

Rose Valley and the same was suppressed by the SIT,

functionally headed by said Sh. Rajeev Kumar, IPS. It is

submitted that the said suppression resulted in non

registration of RC against M/s Rose Vally in the State of

W.B. It is submitted that in light of the same, the CBI

sought to register RC against M/s Rose Valley in the State

of Orissa and the investigation suffered. I submit that the

inaction, selective action, police and chit fund nexus and

the functioning of SIT was in fact used to shield the

selective companies such as Shardha, M/s Rose Valley and

Tower Group etc., which have given huge contributions

(even by way of cheques) to the party in power in the State

of West Bengal. It is submitted that the said can be


5
corroborated by documentary evidence in the form of

cheque payments so far investigation has revealed chequ

transactions investigation is underway.

8. It is submitted that Sh. Rajiv Kumar was the day-to-day

Incharge of the aforesaid Special Investigating Team and

was investigating the offences and was in custody of the

investigation material. After the investigation was

entrusted to the CBI by the Honble Supreme Court, it has

clearly emerged that Sh. Rajiv Kumar, while he was

investigating offences as the day-to-day Incharge of SIT,

actively connived with the accused persons whom he was

investigating in suppressing, destroying and destructing of

crucial material evidence.

9. It is submitted that as the investigation is on going, it may

not be adviseable to elaborate all the material that is

collected by CBI till now indicating the involvement of Sh.

Rajiv Kumar. Suffice to respectfully submit that during the

investigation conducted so far, a strong prima facie case of

Sh. Rajiv Kumar having committed offences both under

Prevention of Corruption Act and other IPC offences have

been made out.

10. It is submitted that even after the CBI was entrusted with

the investigation on 9.5.2014, Sh. Rajiv Kumar was not

parting with the investigation material containing the


6
evidence collected by the SIT headed by him clearly in

connivance with the main accused persons.

11. It is submitted that in spite of the continuous insistence and

follow up by the CBI, Sh. Rajiv Kumar furnished only CDRs

of the prime accused only on 28.6.2018. The CDRs of the

accused, when analysed by the CBI, were found to be

tampered, doctored and the material evidence had been

destroyed.

12. It is submitted that the CBI obtained the original CDRs from

the service providers. A comparison of the doctored /

tampered CDRs given by Sh. Rajiv Kumar and the CDRs

obtained by the CBI from the service providers leaves no

manner of doubt that the CDRs handed over by Sh. Rajiv

Kumar on 28.6.2018 were tampered and doctored. The CBI

craves leave to hand over the details of these doctored /

tampered with evidence in a 'sealed cover' at the time of

hearing of this petition as the investigation is on going.

13. It is submitted that as stated hereinabove, the initial

investigation [which was the crucial stage of investigation

was conducted by the SIT headed by Sh. Rajiv Kumar], the

entire material gathered by Sh. Rajiv Kumar during the

investigation conducted by the said SIT is not being handed

over to the CBI by him. Over and above the tampered /

doctored CDRs, there are large number hard discs and


7
other material still in custody of Sh. Rajiv Kumar which he

had collected as an investigating officer being the head of

the SIT and being the functional head and day-to-day

Incharge of SIT.

14. During the investigation by the CBI, it has very strong

reason to believe that the said evidence [which is not been

parted with by Sh. Rajiv Kumar] is either already tampered

or was about to be tampered when the CBI officials went to

the residence of Sh. Rajiv Kumar on 3.2.2019. The CBI has

strong reasons to believe that such an unprecedented act of

detaining personnel of central investigating agency [who

were discharging their duty as per the mandate of this

Honble Court] by the local state police would otherwise not

be required.

15. It is relevant to note at this juncture that there is one M/s

Rose valley controlled by one Mr. Gautam Kundu. The

financial scam purported by the said M/s Rose Valley would

be over 30,000 crores. It is submitted that one FIR was

registered with regard to the said scam on 4.10.2013 in

Durgapur Police Station, Kolkata. This FIR was suppressed

from the CBI by the SIT which was functionally headed by

Sh. Rajiv Kumar. Since Sh. Rajiv Kumar suppressed the

said FIR, the CBI could not register its own FIR [which is

called RC] against M/s Rose Valley in the State of West

Bengal.
8
16. It is submitted that incidentally M/s Rose Valley was facing

many criminal cases in the State of Odisha. When the CBI

started investigating those cases in Odisha, it came to know

about the registration of FIR dated 4.10.2013 with respect

to M/s Rose Valley in West Bengal – the fact which was

suppressed by Sh. Rajiv Kumar to shield the said company.

17. It is respectfully submitted that as stated above, during the

investigation so far, financial transactions between M/s

Rose Valley, M/s Sharda [which was being investigated by

SIT headed by Sh. Rajiv Kumar] and M/s Tower Group

[again which was being investigated by SIT headed by Sh.

Rajiv Kumar] and few other chit fund companies with the

party in power in the State of West Bengal is found. Since

the matter is under investigation, the material collected

may be permitted to be placed before this Honble Court in a

'sealed cover'. What is found so far are transactions made

through cheques. The investigation is underway.

18. It is submitted that it is under the aforesaid circumstances,

when the CBI, with a view to honestly and faithfully

discharge its duty entrusted to it by this Honble Court,

required to question / examine / interrogate Sh. Rajiv

Kumar. Since Sh. Rajiv Kumar repeatedly failed to

coordinate and neither came for being interrogated nor

handed over the investigation material still lying in his


9
custody then the CBI had to go at his residence on

3.2.2019.

19. It is respectfully submitted that the entire administration of

West Bengal Government has exhibited non-cooperation

and is preventing the CBI from conducting free, fair and

impartial investigation. The issuance of the following two

notices are sufficient to demonstrate the same

i. Notice under Section 91 of the Code of Criminal


Procedure, 1973, issued by Office In charge,
Bhowanipore Police Station, to Sh. Panjak
Kumar Srivastava, IPS, The Joint Director &
Head of Zone, Central Bureau of Investigation. A
true copy of the Notice under Section 91 Code of
Criminal Procedure, 1973 is annexed herewith
and marked as ANNEXURE A-1.

ii. Notice under Section 160(1) of the Code of


Criminal Procedure, 1973, issued by S.I Babai
Bhatttacharjee to Sh. Panjak Kumar Srivastava,
IPS, The Joint Director & Head of Zone, Central
Bureau of Investigation. A true copy of the
Notice under Section 160 (1) Code of Criminal
Procedure, 1973 is annexed herewith and
marked as ANNEXURE A-2.

20. It is respectfully submitted that after the judgment of this

Honble Court entrusting the investigation to the CBI, Sh.

Rajiv Kumar, along with the support of local political and

executive machinery at his disposal has created numerous

obstacles by harassing the CBI officials by unnecessarily


10
summoning them when they have no connection with the

said cases. It is surprising to note that the registration of

such false cases to intimidate the CBI officials started after

the CBI served Notices dated 18.10.2017 and 23.10.2017

to Sh. Rajiv Kumar as a part of its duty to investigation. A

list of such cases where the CBI officials were being

summoned with a view to intimidate them are annexed

hereto and marked as Annexure A-3.

21. It is submitted that the above referred facts could not be

placed in the Application filed by the CBI before this Honble

Court on 4.2.2109 as the record was lying in the CBI office

at Kolkata which was under seize of West Bengal Police. All

officers who were conversant with the investigation and

have gone to the residence of Sh. Rajiv Kumar were in

illegal confinement and were kept as hostages by brutal

police force of West Bengal Police till night of 3.2.2109. Not

only the CBI officers were illegally detained and kept in

illegal confinement at Shakespear Sarani Police Station,

Kolkata by the West Bengal Police for the period of

approximately 3-4 hours, even the Joint Director of CBI

and his family was kept as hostages at his residence by the

West Bengal Police.

All these draconian and undemocratic acts were being

conducted in full view of media coverage clearly reflecting

that neither the mandate of this Honble Court nor the

constitution of India applies to one State. It is respectfully


11
submitted that apart from the evidence which is already

destroyed / tampered and the evidence which is in the

process of being so destroyed / tampered , the very factum

of local police detaining the personnel of Central

Investigating Agency discharging its duty entrusted by this

Honble Court, is serious enough for this Honble Court to

take cognizance of.

The action of Kolkata Police, obviously under orders

from their superiors, in attacking and manhandling the CBI

officers and forcefully and illegally detaining them leads to

only one inevitable conclusion that there is complete break

down of the constitutional machinery in the State. The

local police officers keeping Joint Director CBI and his family

hostage is not only unheard of but is shocking to any right

thinking individual. The telephonic conversation between

the Joint Director [who was kept hostage with his family in

his residence by West Bengal Police] with TV Channels

being telecast live, stands testimony to the fact that the

lawlessness in the State of West Bengal is of such a

magnitude that there is a complete breakdown of

constitutional machinery in the said State. If the Central

Investigating Agency discharging its duty under the

mandate of this Honble Court is not safe, it can safely be

presumed that the Government of the State is not being

carried out in accordance with the Constitution of India.

Such actions which were on a public display throughout the


12
country tantamount to nothing less than an armed rebellion

against the Central Government and the Central agencies.

It is really shocking to note that when the ruling party

namely Trinamool Congress started "dharna" at the night of

3.2.2019, the Government officials who are expected to

discharge their statutory and constitutional obligations and

who are members of uniformed service like Director General

of Police, Addl. Director General of Police, Commissioner of

Police, Kolkata and others were also sitting on "dharna" and

organized by a political party. In a constitutional

governance and the expected functioning of the officers

entrusted with the discharge of duties, nothing can be more

shameful than the entire country watching them sitting at

"dharna" along with political leaders of one political party.

22. It is submitted that it is in the light of the above facts and

circumstances and evidence collected by the CBI, during

the investigation, it had become imperative for the

investigating agency to question/examine/ interrogate, Sh.

Rajeev Kumar, IPS. It is submitted that for the said

purpose, notices were issued to Sh. Rajeev Kumar under S.

160 of the Cr.P.C.

23. It is submitted that since the entire records were kept in

the office at Kolkata which was taken or control by West

Bengal police, on 03.02.2019 the investigation Agency is

handicapped in filing several document along with the


13
affidavit. The investigation agency craves leave of the

Hon’ble Court for production of the same at the time

hearing.

24. It is submitted that considering the paucity of time in filing

this affidavit, all necessary facts may not have been

incorporated herein. The deponent craves leave to file a

further and a detailed affidavit hereafter.

It is submitted that the Petitioner filing the present

affidavit in the bonafide interest of the pending

investigation.

DEPONENT

VERIFICATION:
Verified at New Delhi on this the __ day of February, 2019. I, the above-

named deponent do hereby verify that the contents of the above

affidavit are true and correct, no part of it is false and nothing

material has been concealed therefrom.

DEPONENT
14
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
IN
I A No. ______ of 2019
IN
WRIT PETITION (CIVIL) NO. 401 OF 2013

IN THE MATTER OF:


Subrata Chattoraj
...Petitioners
Versus
Union of India …. Respondent

And in the matter of:-


Central Bureau of Investigation ….Applicant

And in the matter of:-


The State of West Bengal ….Opposite Party

PAPER BOOK
(FOR INDEX PLEASE SEE INSIDE)

ADDITIONAL AFFIDAVIT ON BEHALF OF THE APPLICANT

ADVOCATE FOR THE PETITIONER: ARVIND KUMAR SHARMA


15
16
INDEX

Sl. Particulars Pages

1 Additional Affidavit on behalf of the Applicant. 

2 ANNEXURE A-1. 
A true copy of the Notice under Section
160(1) of the Code of Criminal Procedure,
1973, issued by S.I Babai Bhatttacharjee to
Sh. Panjak Kumar Srivastava, IPS, The Joint
Director & Head of Zone, Central Bureau of
Investigation.

3 ANNEXURE A-2 
A true copy of the Notice under Section 91 of
the Code of Criminal Procedure, 1973, issued
by Office In charge, Bhowanipore Police
Station, to Sh. Panjak Kumar Srivastava,
IPS, The Joint Director & Head of Zone,
Central Bureau of Investigation.

4 ANNEXURE A-3
A table of list of cases with details
17