ASHOK KUMAR Vs. KISHWAR JAHAN

JUDGEMENT

(1.) WE have heard learned Counsel for the parties at great length. Very elaborate submissions have been made by learned Counsel for the parties which, in our opinion, would be relevant at the final hearing of the appeal. But learned Counsel were emphatic that the same were necessary, even at this admission stage of the appeal. We, therefore, proceeded to hear learned Counsel in the morning session for a number of days, which are noted above. However, for the purposes of this order, it would not be necessary to enter into any elaborate discussion on the merits of the submissions made. We may, however, indicate briefly the reasons for the order.

(2.) PRIYANKA Todi (hereinafter referred to as Priyanka) is the daughter of ashok Kumar Todi, respondent No. 12 in the writ petition/appellant in MAT no. 703 of 2008. She got married under the Special Marriage Act, 1954 to rizwanur Rahaman, son of late Eezaur Rahman. Priyanka and her family are Hindu, whereas Rizwanur and his family are Muslim. The allegations in the writ petition are that the marriage was not approved or liked by the family of Priyanka. Therefore, her father and her uncle Anil Saraogi (appellant in MAT No. 704 of 2008) continuously threatened Rizwanur to ensure that Priyanka returned to her parents. It seems that the efforts of the father, as well as her uncle, did not succeed. It is also the case of the petitioners that the father being a very successful businessman was capable of influencing the Police Department. The couple is said to have written letters to the Commissioner of Police on 30th August, 2007 indicating that mr. Ashok Kumar Todi, father of Priyanka, would threaten the couple with dire consequences or create pressure or send anti-social elements or gundas to kidnap them. They, therefore, sought police protection. It is also the case of the writ petitioners that the police instead of giving protection, started to harass the boy. On 8th September, 2007, the couple was separated under pressure from the police. Deadbody of Rizwanur was found on 21st September, 2007 on rail tracks between Sealdah and Bidhannagar Station. A written complaint was lodged by the brother of Rizwanur (petitioner No. 2) with the local police station alleging that he suspected the hands of respondent No. 12 (Ashok Todi) behind the death of his brother's unnatural death.

(3.) THE Trial Court notices that the death of Rizwanur hurt the sentiments of the public at large and led to disruption of public life. This prompted the then Commissioner of Kolkata Police, Prasun Mukherjee (respondent No. 3) to hold a press conference. According to the petitioners, he declared that rizwanur had committed suicide and this was transparent, although, the post-mortem report was yet to be received.