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Rizwan Case: SC refuses to stay HC order on fresh CBI probe
Monday, June 07, 2010 08:02:14 PM, Agencies
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New Delhi: The Supreme Court refused to stay the registration of murder case and a fresh CBI probe directed against industrialist Ashok Todi by the Calcutta High Court into the mysterious death of computer graphics teacher Rizwanur Rahman.
A Bench of Justices Deepak Verma and K S Radhakrishnan, however, sought response within six weeks from the CBI and the complainant Rukbanur Rehman, Rizwanur's brother, on Todi's appeal challenging the May 18 court direction.
30-year-old Rizwanur was found dead on September 21, 2007 near a rail track, just a month after his marriage to Priyanka, daughter of Ashok Todi who owns the Rs 200-crore Lux Cozi hosiery brand.
Senior counsel Mukul Rohtagi, appearing for Todi, argued that the High Court's direction was erroneous as it had no such powers under the CrPC since a chargesheet had already been filed in the case by the CBI.
The counsel stated that there were a number of apex court rulings that once the chargesheet had been filed, the superior courts had no further role to monitor the case.
"Is this a trial? Otherwise let the person be hanged," he submitted.
Though the apex court did not stay the High Court order, it however, put some searching questions to the complainant's counsel who defended the High Court's direction.
"Without there being a trial, can a finding be recorded ? Then what is left for the sessions court ?" the Bench asked.
The judges noted that the High Court had directed registration of case under Section 302 IPC(murder) though the CBI had already filed the chargesheet under Section 306 IPC(abetment to suicide) against the accused.
The apex court further asked whether the High Court's direction did not amount to ordering re-investigation.
However, the complainant's counsel defended the direction on the ground that the High Court had passed the impugned order after carefully examining the progress of the investigations.
Following this the apex court said it was not inclined to stay the direction 'at this stage' and accordingly sought response from the CBI and the complainant.
The Calcutta High Court had last month ordered the CBI to initiate fresh investigations into the death of Rizwanur, two years after he was found dead at Dumdum in Kolkata.
Setting aside the CBI investigation earlier ordered by a single Bench, a division Bench had asked the agency to complete the probe within four months treating as an FIR the complaint filed by Rukbanur on September 21, 2007.
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