Appearing before the bench of Justice Dipankar Dutta, Advocate General Balai Roy questioned the validity of the CBI probe. In his two-and-half-hour argument before the Court, Mr Roy said the CBI report was ultra vires and the investigating agency had gone beyond its limit to probe the case. Echoing the state government's affidavit to the Court on the case, Mr Roy said the central investigating agency had been directed to enquire into the cause of the death.
''However, it accused several police officials in this connection and even lodged cases against them, which was unexpected from the agency,'' he added.
Thirty-year-old computer graphics teacher Rizwanur Rahman, whose body was found by the side of railway tracks near here on September 21, was reported by the Central Bureau of Investigation (CBI) to have committed suicide.
The investigating agency completed their probe into the case and a part of its findings was made public at the High Court on February 28.
The CBI had charged Rahman's father-in-law and influential city businessman Ashok Todi, with abetment to suicide, criminal intimidation and conspiracy in connection with the death. The same charges had also been levelled against Mr Todi's brother, three police officers including Ajoy Kumar, a senior IPS officer, and two others.
The agency had also recommended that the government initiate appropriate disciplinary action against the then Commissioner of Police, Prasun Mukherjee, as well as departmental disciplinary major penal action against another IPS officer, Gyanwant Singh, and two officers of a local police station.
Rizwanur's death had resulted in public outcry throughout the city and the transfer of five police officers, including Mr Mukherjee, who was suspected to have been involved in the case.
Today's hearing was, however, adjourned owing to Mr Roy's ailment, but will resume tomorrow.