By IANS,
New Delhi: Setting aside the order of a division bench of the Calcuuta High Court, the Supreme Court Tuesday cleared the deck for the trial of Kolkata-based businessman Ashok Todi and others for the mysterious death of his son-in-law Rizwanur Rehman.
Todi and the others would face trial for abetment to suicide, conspiracy and criminal intimidation in the unnatural death of Rehman, whose body was found Sep 21, 2007 on railway tracks between two railway stations.
The death happened a month after he married Todi’s daughter Priyanka.
Rehman, a computer graphic teacher, married Priyanka Todi Aug 18, 2007. The marriage faced opposition as it was solemnised without the consent of her family.
The apex court bench of Justices P. Sathasivam and B.S. Chauhan in their judgment upheld the Oct 16, 2007 order of the single judge of the Calcutta High Court, asking the Central Bureau of Investigation (CBI) to probe the death.
After getting the CBI’s report, the single judge Aug 14, 2008 ordered the filing of the charge-sheet against Todi and the other accused.
Speaking for the bench, Justice Sathasivam said that the single judge was “fully justified” in passing the interim order and “accepted” his Aug 14 final order.
The judgment rejected the reasoning advanced by the division bench of the high court setting aside the single judge bench’s order.
“All the reasoning recorded by the division bench of the high court in the order dated 18.5.2010 are unacceptable and hereby set aside.”
The division bench by its May 18, 2010 ordered a fresh probe by the CBI directing registration of a murder case.
The apex court said the division bench has “failed to take note that the fresh investigation into the same allegation would be (a) futile exercise and no purpose would be served by investigating the case afresh”.
“The de novo investigation by lodging another FIR would result in delay of justice since the division bench has ordered to conduct the same investigation under the same sections started three years back by the same agency, namely, the CBI,” the judgment read.
“For all these reasons”, the court said, “we are unable to sustain the reasoning of the division bench for fresh investigation by the CBI.”
The apex court said that the contrary observations made by the division bench about the orders of the single judge couldn’t be sustained, “in as much as the direction of the learned single judge is in accordance with law and the CBI investigated the case in terms of the said order…”
The division bench’s order was challenged by all parties, including the CBI, Rehman’s mother Kishwar Jahan, his brother Rukbanur Rahman, and Todi.
The apex court judgment said that any action against the officers of the West Bengal Police, as suggested by the single judge, would be done in “accordance with law and the service conditions applicable to them and after affording opportunity to them.”
There were allegations that some high-level state policemen, acting at the instance of Todi, were harassing Rehman.
In the wake of these allegations, the single judge ordered a probe by the CBI, which found Todi guilty of abetment of Rehman’s suicide.