The Supreme Court has extended its stay on the arrest of Sumit Roy, personal assistant to Trinamool Congress MP Abhishek Banerjee, amidst allegations of non-cooperation in the high-profile Salboni land-grabbing case, highlighting the ongoing legal battle and political implications.
Key Points
- Supreme Court has extended the stay on the arrest for Sumit Roy, aide to TMC MP Abhishek Banerjee, in the Salboni land-grabbing case.
- The West Bengal government alleges that Roy is not cooperating with the investigation and seeks withdrawal of arrest protection.
- Roy's counsel asserts his constitutional right to silence, claiming the case is politically motivated.
- The Supreme Court will review a sealed report from the police before making further decisions.
- The case involves allegations of cheating, forgery, and criminal conspiracy in transferring government land.
The West Bengal government on August 19, Wednesday, told the Supreme Court that Sumit Roy, personal assistant to Trinamool Congress MP Abhishek Banerjee, was allegedly not cooperating in the ongoing probe in connection with the Salboni land-grabbing case, and added that the police needed to interrogate him in custody.
The top court, on August 6, had stayed the arrest of Roy in connection with the land-grabbing case. It, however, directed him to cooperate fully with the ongoing investigation.
On August 3, the Calcutta high court had rejected Roy's anticipatory bail plea in the alleged government land fraud case being investigated by the police.
Arguments Before The Supreme Court
On Wednesday, a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana was urged by Solicitor General Tushar Mehta, appearing for the state government, that the protection from arrest granted to Roy be withdrawn as he was allegedly not cooperating with the police and evading questions.
Senior advocate Gopal Sankaranarayanan, appearing for Roy, said that he has been appearing before the police as directed by the court and he has the right to maintain silence guaranteed under the Constitution.
"The Constitution also secures the right to arrest (of the probe agency)," Justice Bagchi said.
The solicitor general also provided materials collected so far by the police in a sealed cover to the bench.
The CJI said that the matter will be now heard after he goes through the sealed cover report of the police.
Court Directives And Case Details
The top court extended its August 6 order staying Roy's arrest in the case.
The case was registered under penal provisions relating to cheating, criminal breach of trust, forgery, use of forged documents and criminal conspiracy.
While protecting Roy from arrest, the bench had asked him to fully cooperate with the ongoing investigation.
"He should not be accompanied by any advocate or any other person. He shall remain available for any investigation from 10 am to 6 pm with the usual breaks. However, his arrest will remain stayed," the bench had ordered.
The high court bench of Justice Tirthankar Ghosh had declined to grant pre-arrest bail in the case.
Allegations And Defence
It was argued by Roy's counsel that he was not named in the FIR and his alleged involvement surfaced only during the course of investigation.
It was alleged in the FIR that the accused allegedly induced buyers to purchase government land at discounted rates.
The counsel for Roy told the high court that he had no connection with the land transactions.
It was also submitted that Roy was implicated because he had served as personal assistant to the general secretary of the TMC and the prosecution's case rested only on oral statements, without any banking transactions or electronic communications linking him to the alleged offence.
He alleged that the case was "politically motivated".
The state counsel told the high court that the investigation had unearthed forged title deeds relating to government land.
The prosecution alleged that government land had been transferred with the complicity of local political and influential persons.
