CBI pleads against fresh Riz probe

The CBI on Wednesday appealed in the Supreme Court against Calcutta High Court’s order for a fresh inquiry into the Rizwanur Rahman case, saying it had already carried out a “thorough” and “scientific” probe.

A fresh probe will only “delay justice”, the bureau told the apex court.

The high court division bench of Justice Bhaskar Bhattacharya and Justice Prosenjit Mondal had on May 10 asked the CBI to probe the Rizwanur case afresh based on his brother’s original complaint lodged with Karaya police station.

The CBI had earlier probed the case on the basis of its FIR filed suo motu.

The high court had pointed out that the CBI had made a “technical mistake” by not conducting the probe on the basis of the complaint lodged by Rukbanur Rahman after his brother went missing.

The CBI stated its stand in the apex court in the course of the hearing of a petition by key accused Ashok Todi, Pradip Todi and Anil Saraogi, challenging the legality of the high court order.

“The CBI had registered a criminal case regarding the death two years ago. In the CrPC, there is no provision for registering a second FIR for the same offence,” the CBI appeal in the Supreme Court read.

“Once an FIR has been registered and investigation conducted leading to the filing of the chargesheet..., there is no justifiable reason for the division bench 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 top court will hear the CBI’s plea on September 6.

Rizwanur, who had married businessman Ashok Todi’s daughter Priyanka against the wishes of her family, was found dead on the railway tracks between Dum Dum and Bidhannagar Road stations on September 21, 2007. The post-mortem showed at least 10 injuries similar to ones caused by a train running at a moderate speed.

Rukbanur, however, had alleged that Rizwanur had been murdered and Todi had a hand in the plot.

Following the CBI probe, Todi, brother Ashok and relative Saraogi were charged with abetting suicide and criminal intimidation. If convicted the trio can be imprisoned for up to 10 years.

Sources said they had appealed against the high court order fearing a fresh probe could slap them with graver charges.


The Telegraph Metro