New Delhi: In a setback to West Bengal led Mamta Banerjee government, the Supreme Court on Tuesday directs Kolkata Police Commissioner to appear before the CBI and fully cooperate in the investigation. But it asks the investigating agency not to arrest Kumar.

The bench asked Kumar to appear before CBI for questioning at a neutral place in Shillong. A three-judge bench headed by Chief Justice of India Ranjan Gogoi also issues contempt notice to West Bengal Chief Secretary, DGP and Kumar and seeks their response by February 20.

Appearing for the CBI, Attorney General K K Venugopal told the court that developments in the state showed “total breakdown of constitutional machinery”.

“Kolkata police chief Rajeev Kumar, as head of SIT that earlier probed chit fund scam, had failed to retain data from seized laptop, mobile phones and provided false call data records of accused to CBI,” AG told the bench.

Senior advocate A M Singhvi, appearing on behalf of West Bengal government was opposing court’s order, the bench asked him, “We do not understand why you are opposed to Kolkata Police Commissioner's appearance for questioning before CBI?.”

“Where is the destruction of evidence case after five long years. If the evidences were destroyed what were the CBI doing all these five years,” Singhvi asked.

CBI had approached the apex court against the non-cooperation of the state government after the state police detailed and subsequently released, the CBI officials who visited Kolkata to question the Commissioner of Police, Rajeev Kumar.