HC debars CBI from seeking docus from Bizpur MLA before Sept 28
kolkata: Calcutta High Court on Monday directed the CBI not to ask Bizpur MLA Subodh Adhikari to submit documents before September 28 which was sought by the central agency in connection with the Sanmarg Cooperative chit fund scam case.
On September 4, CBI conducted raids at the office and houses of Adhikari and later summoned the MLA at the CGO Complex in Salt Lake. Adhikari was given only one day to bring a few documents. Challenging CBI's summon, the Bizpur MLA moved court.
On Monday Adhikari's lawyer, Kalyan Bandyopadhyay argued that his client can't submit the documents within a day. He also suspects that despite Adhikari's name not being mentioned in the FIR, the CBI may arrest him after interrogation. Bilwadal Bhattacharya, Assistant Solicitor General informed the court that the Bizpur MLA was called as a witness.
After hearing both parties, the Division bench of Justice Indra Prasanna Mukerji and Justice Biswaroop Chowdhury directed CBI not to ask Adhikri for documents till September 28. However, the central agency is free to issue another set of notices under sections 91 and 160 of the Criminal Procedure Code. The court also mentioned that if CBI requires Adhikari's presence without any documents, then a notice must be given to the MLA at before at least 72 hours.
The Division bench also directed the central agency not to interrogate Adhikari for more than three hours a day. If CBI starts a criminal case against Adhikari, then he cannot be arrested for a period of 10 days.
