SC sets aside HC order for re-probe into Rizwanur case

New Delhi : The Supreme Court on Friday stayed a Calcutta High Court directive to the Central Bureau of Investigation (CBI) to register an FIR and launch a new probe against businessman Ashok Kumar Todi in the Rizwanur Rahman murder case.

A bench of Justices P Sathasivam and BS Chauhan also stayed all consequential proceedings arising out of the High Court order.

The CBI had moved the apex court against the High Court?s order, claiming that the High Court order was in blatant contravention of the Criminal Procedure Code since the agency had already filed the charge-sheet in the matter.

Solicitor General Gopal Subramanium, appearing on behalf of the CBI, argued that the High Court’s direction had consequential effects as the trial had come to a stand still and all the accused were discharged.

The Supreme Court posted the matter for final disposal on October 5 and asked Todi and others to file fresh bail bonds before the trial judge.

Todi had also moved the Supreme Court on May 28 challenging the Calcutta High Court order and the apex court will take up both the CBI?s and Todi?s appeals together for hearing.

A division bench of the Calcutta High Court had on May 18 directed the CBI to treat as an FIR the complaint filed by Rukbanur Rahman, elder brother of Rizwanur, on September 21, 2007.

The CBI probe had revealed that Rizwanur’s death was a case of suicide and the agency recommended initiation of an abetment to suicide case under Section 306 of the IPC.

Rizwanur, a computer graphics teacher was found dead near railway tracks in Dumdum area of Kolkata on September 21, 2007, just a month after his marriage on August 18, 2007, to Priyanka Todi, daughter of industrialist Todi.

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 senior IPS officers then serving in the Kolkata Police.