In an discomfiture to the West Bengal administration asked the Calcutta High Court Tuesday the Central Bureau of examination to investigate the mysterious death of Rizwanur Rehman graphic designer. Auditors also rapped Kolkata POLICE COMMISSIONER Prasun Mukherjee to show prejudice against an investigation of the event.
The court, the theater on a complaint filed by Rizwanur's brother Rukbanur Rahman, asked the CBI to conduct a new probe by starting a murder case.
A division bench Bhaskar Bhattacharya and Prosensjit Mondale in his ruling instructed the CBI to give a report to the court inside four months.
Division bench directing CBI to appeal Rukbanur Rahman as an FIR and start a case under § 302 (murder).
Rizwanur, a computer graphics teacher, had married Priyanka - daughter of Ashok Todi business men. He was found dead 21/09/2007, along the railway near the city of Patipukur northern suburb of Dum Dum.
"The High Court has correct our stand and it has led the CBI to re-investigate the case ... we are very confident that our long-standing demand action Rizwanur death as a murder case is justified," Rukbanur said.
October 16, 2007, a single bench of the Supreme Court had prearranged a CBI investigation into the cause of death of the young and invite to submit a report within two months on an appeal from Rizwanur's mother Kishwar Jahan.
Jahan had alleged participation of the then police commissioner Prasun Mukherjee, DCP (Headquarters) Gyanwant Singh and deputy commissioner (detective department) Ajay Kumar of threatening her son and claimed that the State CID probe would be fair.
Division bench today lifted the CBI survey earlier ordered by the judge Soumitra Pal, and ordered fresh search, noted that the previous order had not mandated to CBI to file a charge sheet or to advocate action against any police officer who had been.
All three officers had been transferred out of the Kolkata police after the CBI report not compulsory departmental action alongside them.
The division bench experiential that the forum had only heading for the CBI investigating the cause of Rizwanur's death and not to investigate the alleged crime.
CBI had in its report had finished that Rizwanur's death was a case of suicide and optional start-up of abetment to suicide case under § 306 of the IPC.
The Division Bench of his day, while the management initiation of a murder case and the recent study by the CBI in the famous "claims about the police role in breaking the marriage tie by an adult traveler."
It also noted that the Todi family had close ties to senior police officers because of their support of the police programs or through Snehaish Ganguly, a former playing cricket and elder brother of former Indian cricket captain Sourav Ganguly.
The court criticize the role of the state direction noted that it was indecisive and wavering in decisions about the process following major revolt over demise.
While the GRP was first entrust with the probe, the government ordered a CID inquiry.
Again, the government introduce a judicial probe by a retired judge high that only withdraw after the CBI probe was prearranged by the Calcutta High Court 16 2007 October.
"We can not understand why the CID stopped all exploration on Oct. 16 and returned all original documents to the CBI, but there was no such order from the High Court," the division bench observed.
The court said it appear that the state of sailing in the same boat as the accused police officers and as such was a fit case for CBI investigation because of the seriousness of the state of affairs.
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