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Supreme Court holds “Mere oral claims would not suffice” and directs CBI to file an affidavit

Team SoOLEGAL 28 Feb 2019 11:10am

Supreme Court holds “Mere oral claims would not suffice” and directs CBI to file an affidavit

While asking the Attorney General to indicate a specific instance for corroborating their contention, Chief Justice Ranjan Gogoi observed:

"So basically you are saying that the state police is in contempt of this court's order calling for cooperation on its part?"
CBI had filed a contempt plea against against the West Bengal Chief Secretary, the DGP and erstwhile Kolkata Police Commissioner Rajeev Kumar.

But on 27th February 2019, the Supreme Court asked the probeagency to file an affidavit to furnish substantive material to back its claims of tampering of evidence by the state police in the Saradha Chit Fund scam.

On addressing the issue of tampering of evidence, AG K. K. Venugopal said
"we had serious doubts as to the documentation handed over to us...see the case of Sudipto Sen who was the head of the chit fund. He was arrested in J & K. A laptop and four-five mobile phones that contained data were recovered from him. Without retaining any part of the data or sending it to the Forensic Science Laboratory to identify and transplant it, the phone was handed back...this was a very serious thing...the call data records were shared with us but were not complete. We found discrepancies in the number of calls, which were drastically less. The details of from whom to whom the calls were made were also deleted...there were four other incidents..."
the Chief Justice inquired:

"Something as grave as tampering with the CDR happened in June, 2018 but it is being brought to our notice only now? After a row? Why couldn't you take the court confidence in all this while?"
The Bench observed that the Special Investigation Team had indulged in an act which is a serious sedition to the law.

Therefore, the CBI Director was directed to file an affidavit revealing the complete picture within two weeks. 

Tagged: SupremeCourt   CJI   Affidavit   CBI   RajeevKumar  
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