In a setback to former Kolkata Police Commissioner Rajeev Kumar, the Calcutta High Court on Friday withdrew the protection from arrest granted to him in connection with the multi-crore Saradha chit fund scam case.
In her order, Justice Madhumita Mitra said it was up to the Central Bureau of Investigation (CBI) to take a decision on Kumar's arrest.
The judge observed the court cannot interfere with the investigation but asked the CBI to justify if they arrest the police officer.
The order came on a plea filed by Kumar seeking quashing of the CBI notice asking him to appear for questioning in connection with the case.
On May 30, the high court had granted the interim protection and later extended it several times.
Earlier, a lower court in Kolkata had turned down Kumar's anticipatory bail plea and suggested he may approach the Calcutta High Court or trial courts in West Bengal to "seek appropriate remedy".
Kumar, who headed the Special Investigation Team (SIT) of the state police that probed the Saradha scam, is accused of tampering with evidence.