SC asks Bengal govt to provide details of quizzing of Abhishek Banerjee's PA in land grabbing probe

The Supreme Court on Monday asked the West Bengal government to produce records pertaining to the interrogation of Sumit Roy, the personal assistant to Trinamool Congress MP Abhishek Banerjee, after he alleged that the investigators barely questioned him about the alleged land-grabbing offence.

Additionally, the top court extended Roy's protection from arrest until the next hearing, scheduled for September 7.

SC seeks interrogation records

A bench of Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana was hearing Roy's appeal, challenging the August 6 order of the Calcutta High Court denying him pre-arrest bail in the Salboni land-grabbing case. On August 6, it had stayed Roy's arrest in connection with this matter.

During the hearing on Monday, senior advocate Gopal Shankarnarayanan, appearing for Roy, said that the entire interrogation had been videographed and that his client had answered all questions put to him.

Correcting an earlier submission that Roy had exercised his right to remain silent, the senior lawyer said an additional affidavit filed before the bench showed that Roy had not invoked the right against self-incrimination and had cooperated fully with the investigation.

Roy alleges questioning focused on TMC

He alleged, however, that investigators had largely questioned Roy about his family and the functioning, recruitment and funding of the Trinamool Congress rather than the offence for which he was being investigated.

"The entire thing has been videographed,” he said, adding that Roy was questioned for eight to nine hours a day and was called in alternately for different FIRs.

"The allegation against me is one transaction of Rs 10 lakh," Shankarnarayanan said, referring to the allegations against Roy, while adding that the investigating agency was treating the matter as part of a larger alleged scam involving the conversion of government or vested land into private land.

He told the bench that despite 11 days of questioning, not a single question had been put to Roy about the specific transaction allegedly linking him to the offence.

"Instead of asking me about this offence, they have asked me entirely about my family. Then they have asked me about the political party, how it recruits people, where it gets its funding from," he said.

State disputes claim of limited questioning

The CJI, however, observed that the case was not confined to an alleged transaction of Rs 10 lakh and noted that the investigation concerned allegations of a larger land scam involving transactions running into substantial amounts.

Solicitor General Tushar Mehta, appearing for the West Bengal government, disputed the suggestion that Roy had not been questioned on relevant issues.

Referring to the interrogation material, he said Roy had been asked whether he had deposited cash into his personal bank account.

The top law officer also said that investigators had subsequently found further deposits and suspected that the amounts reflected in bank accounts could represent only a fraction of the alleged proceeds.

"This appears to be the tip of the iceberg," the solicitor general submitted.

Court asks for audio, video and transcripts

The bench then sought to know whether investigators had specifically questioned Roy about the source of cash deposits and transactions allegedly involving amounts of Rs 60 lakh, Rs 20 lakh and Rs 40 lakh, with the total running into crores.

"Could you provide us with the transcripts of the interrogation and response (of Roy)...audio and video records," the CJI asked.

The law officer said that whatever interrogation material was available would be shared with the court and assured the bench that the state would not withhold anything.

The hearing also saw a reference to an alleged transfer of approximately Rs 30 crore from a political party's account to a company, which, according to the state, is currently under investigation in other cases.

SC extends protection from arrest

Justice Bagchi expressed concern over the conduct and pace of investigations by central agencies in matters involving that company, noting that various judges of the Calcutta High Court had previously voiced dissatisfaction with the progress of some investigations.

The law officer maintained that the conduct of other investigating agencies should not prevent the state police from examining transactions that appeared relevant to its own probe.

Shankarnarayanan insisted that the videography of the interrogation would provide the clearest account of what had transpired and enable the court to independently assess whether Roy had been questioned about the allegations against him.

The bench said it would like to examine the interrogation records and directed that the matter be listed for further hearing next Monday.

Earlier, the top court, which issued a stay on Roy's arrest on August 6 in connection with the land-grabbing case, received alleged incriminating materials in a sealed cover from the West Bengal police, who are seeking to interrogate him in custody due to his lack of cooperation.

The solicitor general had opposed the grant of protection from arrest by the bench.

On August 3, the High Court rejected Roy's anticipatory bail plea in the alleged government land fraud case being investigated by the police.

The case was registered under penal provisions relating to cheating, criminal breach of trust, forgery, use of forged documents and criminal conspiracy.