The Supreme Court on Monday refused to intervene in the Calcutta high court order for fresh investigation by the CBI in computer engineer Rizwanur Rehman’s mysterious death with a specific direction to register a murder case against industrialist Ashok Todi whose daughter he had married. Declining the hard-pressed plea for stay of the high court’s May 18 order of the HC, made by Todi’s lawyer, a bench of Justices Deepak Verma and S. Radhakrishnan said “not at this stage, the investigation is at present in progress.”
Todi’s counsel Mukul Rohtagi sought the stay on the ground that HC had “overstepped” the provision of CrPC to order fresh investigation even when the agency had filed the chargesheet, in which it had only included the charge of “abatement to suicide” against the industrialist.
The top court had sought affidavits from the CBI and Rizwan’s mother Kishwar Jahan, who was the complaint in the case but Todi’s counsel instead preferred to withdraw the petition.
The apex court allowed the withdrawal with a one-liner order that Todi would be at liberty to file fresh petition at “appropriate” forum after the investigation is complete. Though the court initially questioned CBI and Jahan’s lawyer how an order for slapping the charge of murder could be issued by the HC after filing of the chargesheet, it later changed its stance and observed that “it was a fit case for reinvestigation”.
Mr Rohtagi argued “the law is clear that courts have no power to order reinvestigation after the chargesheet is filed.” They cannot order slapping of a specific charge.”