The Supreme Court on Monday asked the CBI not to arrest industrialist Ashok Todi till November 17 in connection with the Rizwanur Rehman murder case in which a trial court has issued a non-bailable warrant against him.
A Bench headed by Chief Justice K G Balakrishnan passed the order for not arresting Todi as it would hear on next Monday his petition challenging issuance of NBW by a trial court in Kolkata.
Todi, fearing arrest in the case, had moved the apex court on November seven seeking urgent hearing in the matter.
Senior advocate Harish Salve, appearing for Todi, who has been chargesheeted for alleged abetment of suicide of his son-in-law Rehman, had said that despite the October 13 order of the apex court there was no protection to the industrialist.
The apex court had earlier said that trial in the case would not commence till the Calcutta High Court decides a petition filed by Todi challenging CBI's decision to chargesheet him in the case.
Todi, along with six others, was chargesheeted by the CBI on September 22 for alleged abetment of Rizwanur's suicide. A Metropolitan Magistrate in Kolkata had asked the accused to appear before it on October 27 but they had failed to abide by the order leading to the issuance of NBW.
Todi, his brother Pradeep and his brother-in-law Anil Saraogi had allegedly avoided appearing before the trial court or the CBI and their passport were cancelled last month.
The investigating agency had also moved the trial court to declare them Proclaimed Offenders in the case. The court had given them time till November 10 to appear before it or the CBI.
The CBI had reportedly carried out raids at various places in Kolkata and Chennai to trace the Todi brothers and an alert had been sounded against them, especially at airports.
Rizwanur's body was found on railway tracks on September 21, 2007. He had married Todi's daughter Priyanka on August 18 last year.
Besides the Todi brothers and Saraogi, the chargesheet names the then Deputy Commissioner of Kolkata Police Ajoy Kumar, then Assistant Commissioner of Police Sukanti Chakraborty, Sub-Inspector Krishnendu Das and family friend of the victim S M Mohiuddin alias Pappu.
All the accused have been named in CBI's chargesheet under sections 120-B (criminal conspiracy), 306 (abetment of suicide) and 506 (criminal intimidation) of the IPC.