No reinvestigation in Rizwanur case: SC

The Calcutta HC had directed the CBI to launch a fresh probe in the sensational case.

Updated: Sep 10, 2010, 13:02 PM IST

New Delhi: The Supreme Court Friday stayed the Calcutta High Court order for a fresh probe by the CBI in
the sensational Rizwanur Rahman murder case.

A bench of Justices P Sathasivam and B S Chauhan also
stayed all consequential proceedings arising out of the order
of the High Court which had also directed CBI to register a
murder case against Rahman`s father-in-law and prominent
businessman Ashok Kumar Todi in connection with the case.

The apex court asked Todi and others to file fresh bail
bonds before the trial judge and posted the matter for final
disposal to October 5.

The court passed the order on an appeal filed by the
CBI challenging the High Court order directing it to conduct
fresh investigation and registering a FIR against Todi.

Appearing for the CBI, Solicitor General, Gopal
Subramanium said the High Court order was unheard of and in
blatant contravention of the Criminal Procedure Code since the
agency had already filed the chargesheet in the matter.

He submitted that High Court`s direction had
consequential effects as the trial had come to a stand still
and all the accused were discharged.

The apex court said that it will hear CBI`s appeal
along with the appeal filed by Todi, who has also challenged
the division`s bench direction.

Todi had on May 28 moved the Supreme Court challenging
the High Court order.

The division bench of the Calcutta High Court had on
May 18 directed the CBI to treat as an FIR the complaint filed
by Rukbanur Rahman, elder brother of Rizwanur, on September
21, 2007.

The bench had 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, a computer graphics teacher was found dead
near railway tracks in Dumdum area of Kolkata on September 21,
2007, just a month after his marriage on August 18, 2007, to
Priyanka Todi, daughter of industrialist Todi.

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.

The GRP was first entrusted with the investigations
following which the state government ordered a CID probe.

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,
2007.

PTI