Stay on HC order on fresh Rizwan probe
The Supreme Court on Friday stayed the Calcutta high court’s order to initiate fresh inquiry by the CBI into Rizwanur Rehman’s death. A division bench comprising Justices P. Sathasivam and Justices B.S. Chauhan also directed the CBI to establish the cause of Rizwanur Rehman’s death.
Friday’s decision nullifies the Calcutta high court’s earlier order which not only quashed the findings of the CBI but also ordered registering a fresh case and re-investigating the case for the second time.
The top court passed the order after hearing a petition filed by the CBI challenging the high court order directing it to conduct fresh investigation and registering a FIR against prime accused Ashok Todi, owner of Lux Cozi brand.
The top court asked Mr Todi and others to file their fresh bail bonds before the trial court judge and posted the matter for final disposal to October 5.
Rizwan, a computer graphics teacher was allegedly found dead in mysterious circumstances near the railway tracks in Dumdum area of Kolkata on September 21, 2007, a month after his inter-community marriage on August 18, 2007, to Priyanka Todi, the daughter of industrialist Mr Todi.
Appearing for the CBI, solicitor-general Gopal Subramanium said the high court order was unheard of and in blatant contravention to the Criminal Procedure Code (CrPC) since the probe agency had already filed the chargesheet in the matter.
Mr Subramanium submitted that the high court’s direction had consequential effects as the trial had come to a stand still and all the accused were discharged.
Mr 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 certain senior IPS officers then serving in the Kolkata police.
The matter will come up again before the top court on October 5 for final hearing.
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