
The interim bail granted by the sessions court to the three police officers accused in Rizwanur Rehman case was challenged before the Kolkata High Court on Wednesday.
Counsel of the Rehman family, Kalyan Banerjee challenged the order of the sessions court that a magistrate can not dispose of a bail petition after granting an interim bail to the police officers. The order passed by the sessions court was not valid, he said.
Rukbanur Rehman, brother of Rizwanur Rehman, had filed a petition in the Calcutta High Court seeking cancellation of the interim bail. The accused police officers, former Deputy Commissioner Detective Department Ajay Kumar, Assistant Commissioner Sukanti Chakraborty and Sub-Inspector Krishnendu Das, had surrendered before the CBI court on September 30 and the court had remanded them in police custody. But the next day, the sessions court had granted them an interim bail.
On Wednesday, Banerjee pleaded before a Division Bench of the HC that the sessions court magistrate had granted the interim bail without going through the case diary. The magistrate should have fixed another date to hear the case but he disposed of the case. As a result the three police officers were released for an indefinite period, said Banerjee.
He, hence, pleaded that the Bench should cancel the interim bail.
Banerjee also pointed out that while Pappu, another accused in the case, was remanded in jail custody by the CBI court but the three police officers were released on bail.
Counsel of Ajay Kumar, Shekhar Bose pleaded that there was no ground to cancel the interim bail. He said Kumar had not intervened in the probe conducted by the CBI and the agency had not arrested him during the investigation.
Bose contended that the CBI had no right to demand the custody of his client after filing the chargesheet. Bose contended that Kumar had followed the court8217;s order after the bail was granted by the sessions court.
Next hearing is fixed for November 11.