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Supreme Court Stays Arrest of Sumit Roy in Land-Grab Case | The Legal Observer

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The Supreme Court stayed the arrest of Sumit Roy in the Salboni land-grab case while directing him to cooperate with the investigation. Read the latest updates.

Supreme Court grants interim protection to TMC MP Abhishek Banerjee’s Personal Assistant while directing full cooperation with the ongoing investigation.

The Supreme Court on Thursday granted interim relief to Sumit Roy, the Personal Assistant of Trinamool Congress (TMC) MP Abhishek Banerjee, by staying his arrest in connection with the alleged Salboni land-grab case. At the same time, the apex court made it clear that the protection from arrest would be conditional upon Roy’s full cooperation with the investigating agency.

A Bench of the Supreme Court directed Roy to appear before the investigating officers whenever required and participate in the ongoing probe without any obstruction. The Court further clarified that he must attend the investigation alone and should not be accompanied by an advocate or any other individual during questioning.

“The petitioner shall fully cooperate with the ongoing investigation. He shall not be accompanied by any advocate or any other person. He shall remain available for investigation from 10:00 a.m. to 6:00 p.m. with the usual breaks. However, his arrest shall remain stayed,” the Court ordered while passing the interim directions.

The order strikes a balance between safeguarding the liberty of the accused and ensuring that the investigation proceeds unhindered. By granting protection from arrest while simultaneously directing full cooperation, the Court has reaffirmed that interim relief does not exempt an individual from participating in the investigative process.

The case relates to allegations of illegal land acquisition in Salboni, an area in West Bengal that has witnessed significant industrial and infrastructure-related developments over the years. The investigating agency is examining allegations concerning the alleged grabbing of land, although the merits of the accusations are yet to be adjudicated.

Sumit Roy had approached the Supreme Court seeking protection against arrest, arguing that custodial detention was not warranted at this stage of the investigation. The Court, while considering his plea, deemed it appropriate to grant interim protection subject to strict compliance with the investigation.

Notably, the Bench imposed specific conditions to prevent any interference with the investigation. By directing Roy to remain available between 10:00 a.m. and 6:00 p.m., the Court ensured that investigators would have adequate opportunity to question him while also safeguarding procedural fairness.

The direction that no lawyer or any other person should accompany the petitioner during interrogation is consistent with judicial practice in certain investigations, where agencies are permitted to question individuals without third-party presence, subject to constitutional safeguards.

The interim order does not amount to a final determination of the issues involved in the case. Instead, it preserves Roy’s personal liberty until the matter is considered further while enabling investigators to continue collecting evidence and examining the allegations.

The proceedings are likely to be closely watched, given the political significance of the case and the involvement of a close aide to senior Trinamool Congress leader Abhishek Banerjee. However, the Supreme Court’s order remains confined to the issue of interim protection from arrest and does not express any opinion on the merits of the allegations under investigation.

As the probe progresses, Roy is expected to comply with all directions issued by the investigating agency and the Court. The matter will now proceed in accordance with further orders of the Supreme Court, which may examine the legality of the investigation and any subsequent relief sought by the petitioner.

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