Kolkata: The Calcutta High Court on Tuesday
ordered the CBI to initiate fresh investigations and register
a murder case in the mysterious death of computer graphics
teacher Rizwanur Rahman, over two years after he was found
dead near a railway track here.
Setting aside the CBI investigation earlier ordered by a
single bench, a division bench comprising Justices Bhaskar
Bhattacharya and Prasenjit Mondal directed the CBI to treat
as an FIR the complaint filed by Rukbanur Rahman, elder
brother of Rizwanur, on September 21, 2007.
The bench directed the investigating agency to conclude
its investigation within four months.
It observed that Justice Soumitra Pal in his earlier
order had only directed the CBI to investigate the cause of
the death and file a report to it and had not authorised the
agency to investigate the alleged crime.
The CBI had then in its report concluded that Rizwanur`s
death was a case of suicide and recommended initiation of an
abetment to suicide case under Section 306 of the IPC.
Rizwanur was found dead near railway tracks in Dumdum
area on September 21, 2007, just a month after his marriage on
August 18, 2007, to Priyanka Todi, daughter of industrialist
Ashok Todi, owner of the Rs 200-crore Lux Cozi hosiery
brand, his brother Pradip and brother in-law Anil Sarogi are
accused in the case along with senior IPS officers then
serving in the Kolkata Police.
It was alleged that Rizwanur had been threatened and
intimidated by senior officers of Kolkata Police at the behest
of Priyanka`s father and relatives in allowing her to go back
to her paternal home at posh Salt Lake area, with an assurance
that she would be sent back to the computer graphics teacher`s
home after a week, but she was not.
Rizwanur`s mother Kishwar Jahan had alleged the
involvement of the then police commissioner Prasun Mukherjee,
deputy commissioner (Headquarters) Gyanwant Singh and deputy
commissioner (Detective Department) Ajay Kumar in intimidating
All the three officers had been transferred out of the
Kolkata police following the CBI report recommending
The division bench while directing the initiation of a
murder case and fresh investigation by the CBI, 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 due to their sponsoring of police
programmes or through Snehaish Ganguly, a former cricketer and
elder brother of former India cricket Captain Sourav Ganguly.
The court criticised the role of the West Bengal
government observing that it was indecisive and vacillating
in deciding on the course of action following huge uproar over
The GRP was first entrusted with the investigations
following which the state government ordered a CID
After this 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 on October 16,
"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.