New Delhi: The Supreme Court Monday refused
to stay the registration of murder case and a fresh CBI probe
directed against industrialist Ashok Todi by the Calcutta High
Court into the mysterious death of computer graphics teacher
A Bench of Justices Deepak Verma and K S
Radhakrishnan, however, sought response within six weeks from
the CBI and the complainant Rukbanur Rehman, Rizwanur`s
brother, on Todi`s appeal challenging the May 18 court
30-year-old Rizwanur was found dead on September 21,
2007 near a rail track, just a month after his marriage to
Priyanka, daughter of Ashok Todi who owns the Rs 200-crore Lux
Cozi hosiery brand.
Senior counsel Mukul Rohtagi, appearing for Todi,
argued that the High Court`s direction was erroneous as it had
no such powers under the CrPC since a chargesheet had already
been filed in the case by the CBI.
The counsel stated that there were a number of apex
court rulings that once the chargesheet had been filed, the
superior courts had no further role to monitor the case.
"Is this a trial? Otherwise let the person be hanged,"
Though the apex court did not stay the High Court
order, it however, put some searching questions to the
complainant`s counsel who defended the High Court`s direction.
"Without there being a trial, can a finding be
recorded? Then what is left for the sessions court?" the
The judges noted that the High Court had directed
registration of case under Section 302 IPC (murder) though the
CBI had already filed the chargesheet under Section 306
IPC (abetment to suicide) against the accused.
The apex court further asked whether the High Court`s
direction did not amount to ordering re-investigation.
However, the complainant`s counsel defended the
direction on the ground that the High Court had passed the
impugned order after carefully examining the progress of the
Following this the apex court said it was not inclined
to stay the direction "at this stage" and accordingly sought
response from the CBI and the complainant.
The Calcutta High Court had last month ordered the CBI
to initiate fresh investigations into the death of Rizwanur,
two years after he was found dead at Dumdum in Kolkata.
Setting aside the CBI investigation earlier ordered by
a single Bench, a division Bench had asked the agency to
complete the probe within four months treating as an FIR the
complaint filed by Rukbanur on September 21, 2007.