New Delhi: In a setback to former Kolkata police commissioner Rajeev Kumar, the Supreme Court on Friday declined to entertain his plea for direction to the Central Bureau of Investigation not to arrest him till he gets anticipatory bail from the trial court in West Bengal in the Saradha chit fund scam case.

Observing that the courts in West Bengal were functioning, the vacation bench of Justices Arun Mishra, B.R. Gavai and Surya Kant asked Mr Kumar to approach the high court or the trial court as he may choose and seek the relief.

As lawyer Sunil Fernandes appearing for Rajeev Kumar told the court that courts were not functioning as lawyers were on an indefinite strike since April 25, Justice Mishra said that courts in West Bengal were functional, all judges were sitting.”

Noting that Mr Kumar had been the director general rank of officer, Justice Mishra said, “You can go to the high court. You can go to the trial court. He knows the law better than many young lawyers.”

Justice Mishra asked lawyer Fernandes if a petition under Article 32 of the Constitution could be filed against the order of the top court itself.

“Is the petition under Article 32 of the Constitution maintainable against the order of this court,” Justice Mishra told Mr Kumar’s lawyer “you better withdraw and move the appropriate bench”.

As Mr Fernandes press-ed for relief, Justice Mis-hra cautioned him, “You want us to make harsh comment. If we make harsh comments, you will remember them...”

Mr Fernandes told the court that the court registry has declined to constitute a bench for hearing the application for the modification of May 17 order that was moved earlier this week.

Mr Kumar by the said application had sought the modification of the May 17 order seeking that seven days time given to him for approaching the competent court be modified to say that seven days time to coincide with the calling off of the strike by the lawyers.