The latest Kolkata High Court’s order in the Rizwanur Rehaman murder case has justified the necessity to think beyond the prevailing system of delivering justice. The May 18 order of the Division Bench, comprising Justice Bhaskar Bhattacharya and Prasenjit Mondal, has not only cancelled the CBI’s charge-sheet against seven persons, including a few top police officials, but the case as a whole.
Besides, the court has indicted the West Bengal government for its “indecisive and vacillating” attitude. The court has further ordered a fresh CBI probe as “the case is fit for CBI investigation due to the gravity of the situation”. After this verdict, the credibility of the agency is being questioned.
Several advocates of the High Court, including Kalyan Banerjee and Idris Ali, have hailed the judgement as ‘historic.’
Computer graphics teacher Rizwanur’s body was found from railway tracks on September 21, 2007. Prior to that, he was allegedly being harassed by top police officers for marrying a Hindu girl Priyanka Todi, the daughter of Ashok Todi, owner of big hosiery company. He was being pressurised to snap nuptial ties. His murder united the state’s intellectuals, students and Muslims. After being severely criticised by them, the state Chief Minister ordered a CID probe into the whole affair by cancelling a three-day probe by the state-controlled Railway Police. Besides, a judicial enquiry was also announced. Later, the CID handed over all its findings to the CBI, which was asked by Judge Soumitra Pal to monitor the investigation as ‘Special Officer’ and report back to the High Court. The agency had submitted charge-sheet against seven persons, including Police Commissioner Prasun Mukherjee, DC (Detective Department) Ajoy Kumar, Sukanti Chakraborty and Krishnendu Das of Anti-Terrorist Squad under Section 306 (Abatement to Suicide) of IPC.
The Division Bench observed that Justice Pal has not asked the CBI for a full-fledged investigation, but the Central agency did so. On the other hand, the CID stopped its investigation without any reason and handed over all documents to the CBI. It was after this that the Bench observed that the state has failed to understand the ‘gravity’ of the case. The latest order also pulls up the CBI officials for ignoring the FIR lodged by Rizwanur’s elder brother Rukbanur at Kareya Road police station.
Now, the court has asked the Central investigative agency to file a case under Article 302 against the culprits based on Rukbanur’s FIR and investigate the matter. The CBI has been given only four months time to place its findings in the court. Although the government is upset with the judges’ remarks, Chief Minister Buddhadeb Bhattacharjee said: “We are not going to challenge the order in higher court”. But the Todis are likely to knock the doors of the Supreme Court.
Besides, the court has indicted the West Bengal government for its “indecisive and vacillating” attitude. The court has further ordered a fresh CBI probe as “the case is fit for CBI investigation due to the gravity of the situation”. After this verdict, the credibility of the agency is being questioned.
Several advocates of the High Court, including Kalyan Banerjee and Idris Ali, have hailed the judgement as ‘historic.’
Computer graphics teacher Rizwanur’s body was found from railway tracks on September 21, 2007. Prior to that, he was allegedly being harassed by top police officers for marrying a Hindu girl Priyanka Todi, the daughter of Ashok Todi, owner of big hosiery company. He was being pressurised to snap nuptial ties. His murder united the state’s intellectuals, students and Muslims. After being severely criticised by them, the state Chief Minister ordered a CID probe into the whole affair by cancelling a three-day probe by the state-controlled Railway Police. Besides, a judicial enquiry was also announced. Later, the CID handed over all its findings to the CBI, which was asked by Judge Soumitra Pal to monitor the investigation as ‘Special Officer’ and report back to the High Court. The agency had submitted charge-sheet against seven persons, including Police Commissioner Prasun Mukherjee, DC (Detective Department) Ajoy Kumar, Sukanti Chakraborty and Krishnendu Das of Anti-Terrorist Squad under Section 306 (Abatement to Suicide) of IPC.
The Division Bench observed that Justice Pal has not asked the CBI for a full-fledged investigation, but the Central agency did so. On the other hand, the CID stopped its investigation without any reason and handed over all documents to the CBI. It was after this that the Bench observed that the state has failed to understand the ‘gravity’ of the case. The latest order also pulls up the CBI officials for ignoring the FIR lodged by Rizwanur’s elder brother Rukbanur at Kareya Road police station.
Now, the court has asked the Central investigative agency to file a case under Article 302 against the culprits based on Rukbanur’s FIR and investigate the matter. The CBI has been given only four months time to place its findings in the court. Although the government is upset with the judges’ remarks, Chief Minister Buddhadeb Bhattacharjee said: “We are not going to challenge the order in higher court”. But the Todis are likely to knock the doors of the Supreme Court.
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