NEW DELHI: Accused of not answering any questions relating to a land grabbing case, counsel for Sumit Roy, PA to TMC general secretary, attempted to brush it aside by saying the accused has a constitutional right to remain silent but was countered by the Supreme Court on Wednesday that the police have an equal right to arrest.Solicitor general Tushar Mehta submitted in sealed cover the details of modus operandi adopted by Roy in Salboni land-grabbing case, in which the Calcutta HC had refused him anticipatory bail but on appeal, the SC had granted him interim pre-arrest bail on the condition that he would present himself before the investigation officer daily and cooperate with the probe.Mehta said that though Roy appears before the IO, he refuses to answer the questions posed to him relating to his alleged complicity and direct involvement in the land grabbing case. Roy’s counsel Gopal Sankaranarayanan said in the five-year-old case, the FIR was registered by police only after the election results were declared hinting at political vendetta by the BJP govt.Mehta said that it was not possible to register an FIR during the reign of TMC govt and reiterated his accusation that since the accused is neither cooperating in the investigations nor answering the questions, the police would require his custodial interrogation.Sankaranarayanan attempted to ridicule the SG’s accusation by saying “that (silence) is Roy’s entitlement under the Constitution. I am afraid you should read it to understand what it is. He is entitled to his silence and entitled not to answer any question. That is a constitutional right.”
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The bench curtly told Sankaranarayanan that “as much the Constitution preserves your right to silence, the Constitution also secures the investigating agency the right to arrest.”Mehta requested the court to peruse the detailed probe status report and decide whether its Aug 6 order granting interim anticipatory bail to Roy deserved to be recalled enabling police arrest and subject him to custodial interrogation.The bench in its order said, “The SG, representing West Bengal govt, has handed over some material gathered during investigations. The same be kept in a sealed cover and sent at the residential offices of the Judges. Interim protection granted to the petitioner by the Aug 6 order shall continue to operate till further orders.” SC posted the case for hearing on Aug 31.
