The CBI Wednesday moved the Supreme Court, challenging a Calcutta High Court order that directed the investigating agency to treat Rizwanur Rahman’s death as murder and conduct a fresh probe.
The top court will hear the Central Bureau of Investigation’s (CBI) plea Sep 6. The matter came up for hearing before the apex court bench of Justice P. Sathasivam and Justice B.S. Chauhan.
Rizwanur Rahman’s body was found on the railway tracks near Patipukur in north Kolkata Sep 21, 2007. Rizwanur, a computer graphics teacher, had married industrialist Ashok Todi’s daughter Priyanka Aug 18, 2007 against her father’s wishes.
The Calcutta High court on May 18, 2010 had asked the CBI to treat Rizwanur’s mysterious death as a murder and conduct fresh probe. The CBI, through its earlier probe, had said that Rizwanur’s death was suicide and had recommended the registration of a case against Todi and others for abetment to suicide.
The investigating agency told the apex court that it had already carried out a thorough and scientific probe and the fresh probe would only delay the justice.
In its appeal, the CBI contended that there was no provision in law for the second FIR. The investigating agency said it had “registered a criminal case regarding the death three years ago. In the CrPC there is no provision for registering a second FIR in respect of the same offence and incident when an FIR has been registered earlier”.
Fortifying its stand, the agency said: “Once an FIR has been registered lawfully and investigation has been conducted leading to filing of chargesheet before the competent court of law for the trial of the accused persons, there is no justifiable reason for the division bench (of the High Court) to direct registration of another FIR after three years and proceed with an investigation which has already been concluded by the CBI in a most protracted, thorough and scientific manner”.
The CBI said it had filed the chargesheet with the permission of the single judge. The CBI had filed the chargesheet under Section 306 of IPC for abetment of suicide against Ashok Todi, his brother Pradeep Todi, brother-in-law Anil Saraogi and several cops of the Kolkata police.
Earlier on May 28, 2010, Todi had moved the apex court, challenging the high court order of a fresh probe.