Senior IPS officer and former Kolkata top cop Rajeev Kumar on Tuesday approached a lower court seeking anticipatory bail, but the judge returned the case saying he had no jurisdiction to hear it.
Kumar’s counsel raised the matter in the Special l Court, MP MLA Case in North 24 Parganas district, but Judge Sanjib Daruka cited Supreme Court guidelines which prohibited him from hearing the case under section 438 (Direction for grant of bail to person apprehending arrest) in the Code of Criminal Procedure, 1973.
“He had moved a petition at the MP, MLA special court. But the judge after an academical discussion said he does not have jurisdiction for hearing under Section 438. Under the Surpreme Court guideline, he cannot hear this case under Section 438,” said the CBI counsel.
Kumar’s lawyer was advised to move the petition before the District Judge, Barasat.
His lawyers had served an advance copy of the application to the CBI counsels.
“It is on this basis that the CBI lawyers appeared before the judge,” an agency advocate said.