HC tells CBI to probe Rizwan’s death as murder

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The Calcutta high court on Tuesday ordered the Central Bureau of Investigation (CBI) to re-open the case of computer graphics teacher Rizwanur Rehman’s death and investigate it afresh as a murder case. A division bench of the high court comprising Justice Bhaskar Bhattacharya and Justice Prasenjit Mondal directed the CBI to conduct a fresh probe and submit the report to the court within four months.
The division bench also quashed the earlier findings of the CBI that Rizwanur had committed suicide. Rizwanur was found dead near the railway tracks at Patipukur on September 21, 2007 morning. He was under pressure after his marriage with Priyanka Todi, daughter of industrialist Ashok Todi.
The Todis are now moving the apex court to challenge it. On the other hand, the ruling Left Front government is mulling to move the apex court against the order.
“The government will decide on the final move after consultation with state advocate general Balai Ray,” a government official said.
CBI spokesperson Harsh Bhal said, “The investigating agency will take a decision on the probe after going through the copy of the order in detail.”
Counsel of Rizwanur’s family Kalyan Bandopadhyay said, “The division bench ordered the CBI to treat the complaint of Rizwanur’s elder brother Rukbanur Rehman as an FIR and asked it to start investigation for murder.”
The high court also criticised the state government for “not being decisive” on probe by the state CID, he added.
Reacting to the order, the state advocate general said, “The CBI now has to start a fresh probe as now there is no significance of its earlier findings.”
The trial in the case had started at the city sessions court.
Rizwanur’s elder brother Rukbanur Rehman is contesting the municipal polls on the Trinamul Congress ticket.
“The order has also set aside the trial of the case,” said Dip Narayan Mitra, counsel of the Todis.
Earlier, on October 16, 2007, Justice Soumitra Pal of the Calcutta high court in an interim order had asked the CBI to probe Rizwanur’s death and submit a report within two months. Rizwanur’s mother Kishwar Jahan had then filed a petition before the high court claiming that the then police commissioner Prasun Mukherjee, DC (headquarters) Gyanwant Singh and DC (detective department) Ajoy Kumar of the Kolkata police had intimidated her son.
The CBI had found that Rizwanur’s in-laws and some officers of the Kolkata police had threatened Rizwanur after his marriage to Priyanka on August 18, 2007.
On September 22, 2008, the CBI had filed a chargesheet before a special CBI court booking seven persons, Ashok Todi, his brother Pradip, relative Anil Sarogi, family friend of the Rehmans Syed Moinuddin, DC (detective department) Ajoy Kumar, ACP Sukanti Chakraborty and S-I Krishnendu Das on charges of abetment to suicide, criminal intimidation and criminal conspiracy.
The CBI had then recommended departmental proceedings against the three accused police officers.
The division bench on Tuesday quashed the CBI investigation observing that the court had not empowered it to file any chargesheet or recommend action against any police officer.