The Supreme Court has listed for hearing on August 31 an appeal of Sumit Roy, personal assistant to Trinamool Congress MP Abhishek Banerjee, challenging the August 6 order of the Calcutta High Court denying him pre-arrest bail in the Salboni land-grabbing case.
Supreme Court to hear Roy's plea
The top court, which on August 6 stayed the arrest of Roy in connection with the land-grabbing case, has been supplied with some alleged incriminating materials in a sealed cover by the West Bengal police who want to interrogate him in custody on the ground of non-cooperation.
Solicitor General Tushar Mehta, appearing for the state government, had opposed the grant of protection from arrest by a bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana on August 19, the last date of hearing.
The law officer said that Roy was 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.
According to the apex court website, the bench is scheduled to hear Roy's plea on Monday.
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.
State seeks custody, Roy claims cooperation
The solicitor general had urged the bench that the protection from arrest granted to Roy be withdrawn as he was allegedly not cooperating with the police and was evading questions.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 provided materials collected so far by the police in a sealed cover to the bench. The CJI said that the matter will now be heard after he goes through the sealed cover report of the police.
The top court extended its August 6 order staying Roy's arrest in the case.
What is the Salboni land 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 10:00 am to 6:00 pm with the usual breaks. However, his arrest will remain stayed," the bench had ordered.
The Calcutta High Court bench of Justice Tirthankar Ghosh had declined to grant pre-arrest bail in the case.
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.