Industrialist Ashok Todi today moved the Supreme Court challenging the Calcutta High Court's order directing the CBI to conduct a fresh probe into the mysterious death of computer graphics teacher Rizwanur Rahman after registering a murder case.
The Calcutta High Court had on May 18 ordered the CBI to initiate fresh investigations into the death of Rizwanur, over 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 Rahman, elder brother of Rizwanur, on September 21, 2007.
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.
On October 16, 2007, a single bench of the High Court had ordered a CBI investigation into the cause of the death of the youth and asked it to submit a report to it on a petition by Rizwanur's mother Kishwar Jahan.
Jahan had alleged the involvement of the then police commissioner Prasun Mukherjee, DCP (headquarters) Gyanwant Singh and deputy commissioner (detective department) Ajay Kumar in intimidating her son and claimed that the state CID probe would not be impartial.
The CBI had in its earlier report concluded that Rizwanur's death was a case of suicide and recommended initiation of an abetment to suicide case under Section 306 of the IPC.
Ashok Todi, 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.
While ordering a fresh probe, the division bench had set aside CBI's investigation ordered by the single judge saying that the earlier direction had not mandated the CBI to file any charge sheet or to recommend action against any police officer.
It observed that Justice Soumitra Pal in his earlier order had only directed the CBI to investigate the cause of the death and file a report to it and had not authorised the agency to investigate the alleged crime.
The court had criticised the role of the West Bengal government observing that it was indecisive and vacillating in deciding the course of action following the huge uproar over the death.
The GRP was first entrusted with the investigations following which the state government ordered a CID probe. After this, the state instituted a judicial probe by a retired High Court judge, which was withdrawn after the CBI probe was ordered by the Calcutta High Court.