The Calcutta High Court on Tuesday directed the CBI not to arrest Sumit Roy, secretary to TMC top leader Abhishek Banerjee, during his appearance before the agency to aid the investigation into an alleged coal scam in West Bengal.

Roy's lawyers, challenging the CBI notice that asked him to appear before it here on Tuesday, claimed that it was issued without jurisdiction and that he is not named in the FIR pertaining to the coal scam. They submitted that Roy visited the office of the CBI on Tuesday morning and was requested to return after lunch.

Appearing for the CBI, additional solicitor general Y J Dastoor submitted that it has now become fashionable for any individual to approach court upon receiving a notice to join an investigation. He further said that there is no question of a writ court interfering at this stage of the proceeding without the petitioner having availed of remedies available to him under the Code of Criminal Procedure (CrPC).

Justice R K Kapur directed that upon the petitioner resuming his cooperation with the investigating authorities, he will not be arrested in terms of the notice issued by the agency on January 25.