Fresh CBI probe into Rizwanur case ordered

Setting aside the earlier CBI investigation report, the division bench of the court comprising Justices Bhaskar Bhattacharya and P Mondal directed the Central investigating agency to conclude the probe within four months.

It told the CBI to treat a complaint by Rizwanur’s elder brother Rukbanur Rahman lodged with Kareya police station on September 21, 2007, as an FIR and register a case of murder.

This is in sharp contrast to what the CBI had earlier pursued as a case of suicide and even the CID had also tried to establish that.

Tuesday’s division bench order was a severe indictment of the role of the ruling Left Front government as it observed that the government was indecisive and vacillating in deciding on the course of action following huge uproar over the death.

While the GRP was first entrusted with the probe, the state then ordered a CID investigation.

Judicial probe

At the same time, the state instituted a judicial probe by a retired high court judge, only to withdraw it after CBI probe was ordered by the Calcutta High Court on October 16, 2007.

“We fail to appreciate why the CID stopped all investigation after October 16 and handed over all original records to the CBI, despite there being no such order from the High Court,” the division bench observed.

It appeared the state was sailing in the same boat as that of the indicted police officers and as such it was a fit case for CBI investigation due to the gravity of the situation, the division bench held.

While setting aside the previous order of the single judge bench of the Calcutta High Court, the judges held that the earlier order did not mandate the CBI to file any chargesheet or recommend action against any police officer, and yet the CBI had done it.
In fact, all the three officers had been transferred, following the CBI report recommending departmental action against them. Indirectly pointing out the lacuna in the previous order, the division bench observed the trial court had merely directed the CBI to investigate the cause of Rizwanur's death and not investigate the alleged crime.

The CBI had in its report had then concluded that Rizwanur's death was a case of suicide and recommended initiation of abetment to suicide case under Section 306 of the IPC.