Former Kolkata Police commissioner Rajeev Kumar on Tuesday failed to get relief from the Barasat District and Sessions Court on his anticipatory bail plea in the Saradha chitfund case.
Barasat Sessions judge S Rashidi said it has no jurisdiction in the matter as the multi-crore chitfund scam case was registered at Alipore district court.
While the Barasat court is in North 24 Parganas district, the Alipore court is in adjacent South 24 Parganas district.
Mr Kumar had moved the Barasat court seeking anticipatory bail in connection with a CBI notice served on him to appear before it for assisting it in the case.
Earlier in the day, special court judge Sanjib Talukdar refused to hear Mr Kumar's plea, saying it does not have jurisdiction to hear anticipatory bail application.
The special court, in charge of trial of criminal cases against MPs and MLAs, said it is a trial court and cannot hear an anticipatory bail application. It said Mr Kumar may move the court of Barasat district sessions judge.
On September 13, the Calcutta High Court had vacated its interim order granting the former Kolkata police commissioner protection from arrest in the chit-fund case.
The high court also rejected Mr Kumar's prayer for quashing a CBI notice that sought his appearance for questioning in the case.
Mr Kumar failed to appear for questioning before the CBI in connection with the case on Tuesday.
The agency had given him a notice to appear at 10 am but he did not turn up, sources said.
They said Mr Kumar has not appeared for questioning twice in spite of CBI notices after the Calcutta High Court withdrew the protection given to him from arrest last week.
Mr Kumar, who is currently the West Bengal CID Additional Director General, was part of a Special Investigation Team set up by the state government to investigate the scam, before the Supreme Court handed over the case to CBI in 2014, along with other chit-fund cases.
Meanwhile, sources said the CBI has set up a special team to trace Mr Kumar.
The agency is trying to locate Mr Kumar and has even written to the West Bengal DGP and the chief secretary to instruct him to appear before the investigation team, they said.
In the last week of January, the Centre and West Bengal government were locked in an unprecedented stand off after a CBI team which reached the residence of Mr Kumar, then Kolkata police commissioner, for questioning him had to retreat after local police refused to let it enter and detained its officers.
Chief Minister Mamata Banerjee came in the defence of Rajeev Kumar and started a sit-in to protest against the Centre's move/.
The Supreme Court on February 5 had prevented the agency from any coercive action against Rajeev Kumar and directed him to appear and co-operate in CBI questioning at a "neutral place".
He was questioned by the CBI for nearly five days at its office in Shillong from February 9 onwards.
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