Meanwhile, Advocate-General Bolai Roy submitted before Justice Soumitra Pal of Calcutta High Court that the CID or any other body had no scope of conducting an investigation into the unnatural death of Rizwanur Rehman as it could only conduct an inquiry. Therefore, the High Court should not direct the Central Bureau of Investigation to investigate the matter, he pleaded.
Roy added that Rizwanur’s brother Rukbanur had lodged a complaint with Karaya police station stating that his brother’s death was unnatural. He had also alleged that Ashok Todi may have had a hand in it.
Defending the role of Karaya police station, Roy argued that unnatural death was not a cognizable offence and therefore the police station could not start an investigation into the matter. A police station could conduct an investigation only after receiving information that a cognizable offence had been committed under CrPC. Also, the allegation against Todi was only a presumption and not based on fact or evidence.
Roy also moved the plea that the Kolkata Police Commissioner could not interfere in the work of the CID as it was under the control of the Director General of West Bengal Police. The agency has already summoned Kolkata Police officials to question them about the Rizwanur case.