2019 (4) TMI 1056 - SC - Indian Laws

Shri Rajeev Kumar, Commissioner of Police, Kolkata directed to appear and make himself available before the investigating agency, namely, the Central Bureau of Investigation (C.B.I.) and to faithfully cooperate with the investigating agency at all times - no coercive steps including arrest shall be taken against the Commissioner of Police.

Summary

Issues:
1. Direction to the Commissioner of Police to cooperate with the C.B.I.
2. Prohibition on coercive steps against the Commissioner of Police.
3. Requirement for the Commissioner of Police to appear before the investigating agency in Shillong.
4. Contempt petition and notice issued to state authorities.

Analysis:
The Supreme Court directed the Commissioner of Police to cooperate with the Central Bureau of Investigation (C.B.I.) without facing any coercive measures, including arrest. This directive aimed at ensuring the Commissioner's availability and full cooperation with the investigating agency. Additionally, to prevent unnecessary disputes, the Commissioner was instructed to appear before the C.B.I. in Shillong, Meghalaya, on specified dates, as decided.

In response to a contempt petition, the Chief Secretary of the State of West Bengal, the Director General of Police, and the Commissioner of Police were directed to submit their replies by a specified date. The Court emphasized that after reviewing the responses of these officials, their personal presence might be required on a designated date, which would be communicated to them through the Secretary General of the Court. This process indicated the Court's intention to thoroughly examine the statements made in the contempt petition and potentially take further action based on the officials' replies.