Rizwanur: HC orders fresh CBI probe

The Calcutta High Court on Tuesday directed the CBI to register a murder case and conduct a fresh probe into the death of computer graphics teacher Rizwanur Rehman over two years after his body was found near a railway track here. A division bench comprising Justices Bhaskar Bhattacharjee and Prasenjit Mondal,while setting aside the CBI …

The Calcutta High Court on Tuesday directed the CBI to register a murder case and conduct a fresh probe into the death of computer graphics teacher Rizwanur Rehman over two years after his body was found near a railway track here.

A division bench comprising Justices Bhaskar Bhattacharjee and Prasenjit Mondal,while setting aside the CBI investigation earlier ordered by a single bench,directed the CBI to initiate a probe into the murder case on the basis of a complaint filed by the deceaseds brother,Rukbanur Rehman,with the Karaya police station on September 21,2007.

Earlier,the CBI probe had concluded in its chargesheet filed on September 23,2008 that Rizwanur had committed suicide. The chargesheet named Ashok Todi,Pradip Todi,Anil Sarogi and Ajoy Kumar,former DC(DD) of Kolkata Police,former assistant commissioner Sukanti Chakraborty,Krishnendu Das,sub-inspector of the Kolkata Police,Pappu,a friend of Rehman family,for abetment to suicide. The CBI chargesheet stands invalid now.

The division bench directed the CBI to complete the investigation within four months.

Following the order,Advocate General Bolai Roy said the state government would move the Supreme Court,challenging the order passed by the division bench.

The body of Rizwanur was recovered from near a railway track at Dum Dum on September 21,2007 just a month after his marriage on August 18,2007,to Priyanka Todi,daughter of industrialist Ashok Todi.

Rukbanur lodged an FIR alleging Todis involvement in the unnatural death of his brother. The Rehman family had,in September 2007,moved the High Court demanding a CBI probe into the death.

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Justice Saumitra Pal,in an interim order on October 16,2007,had ordered a CBI probe. Passing the final order,Justice Dipankar Dutta had directed the CBI to conduct a probe and file a chargesheet.

The division bench noted the allegations of the role of police in breaking the matrimonial tie of an adult couple.

It also noted that the Todi family had close connections with senior police officers. It also criticised the role of the West Bengal government observing that it was vacillating in deciding on the course of action in the case.

The GRP was first entrusted with the investigations following which the state government ordered a CID investigation. Thereafter,the state instituted a judicial probe by a retired high court judge,which was withdrawn after the CBI probe was ordered by the Calcutta High Court.

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We fail to appreciate why the CID stopped all investigation after October 16 and handed over all original records to the CBI despite there being no such order from the high court, the division bench observed.