KISHWAR JAHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) RIZWANUR Rahman (hereafter Riz), since deceased, son and brother of the petitioners 1 and 2 respectively, was laid to rest in September last. The suspicious circumstances in which he died, the role of the State Police agencies in investigating the cause of his death, the conduct of certain police officers of kolkata Police both before and after his death, alleged involvement of his fatherin-law Ashok Todi (respondent no. 12) and his uncles-in-law Anil Saraogi (respondent no. 13) and Pradeep Todi (not a party to the petition) in connection with his unnatural death, investigation conducted by the Central Bureau of investigation (hereafter the CBI) being directed by this Court - all these and much more, have exercised thoughtful consideration of this Court on the face of eloquent arguments advanced by learned Senior Counsel for the petitioner, the state, the accused police officers and the respondent no. 12 and learned Counsel for the CBI and the respondent no. 13, both on factual as well as legal points, based on erudition and developed by great industry. The valuable assistance rendered to the Court needs to be appreciated at the outset. It is discerned from the materials on record that Riz, a computer graphic engineer working at Arena Multi Media (a computer training centre) had a love affair with his student Priyanka Todi (hereafter Priyanka), daughter of respondent no. 12, which matured in a marriage on 18. 8. 07 under the Special Marriage Act, 1954. Their marital relationship had the possibility of souring the relation between the father and the daughter and as such was not disclosed to the respondent no. 12 immediately thereafter. The couple apprehended that respondent no. 12 might interfere in their marital relationship and accordingly they had jointly addressed a letter dated 30. 8. 07 to the Commissioner of Police, kolkata Police. The letter reads as follows:

(2.) RESPONDENT no. 12 was given such information whereupon he had been to the residence of Riz to persuade Priyanka to return. The effort failed. Despite respondent no. 12 being aware of the fact that his daughter had started staying with Riz, on the following day, Pradeep Todi (brother of respondent no. 12) lodged a complaint with the Deputy Commissioner of Police (Detective Department), kolkata Police alleging that Riz had abducted Priyanka. The relevant part of the complaint reads as follows:

(3.) THE complaint was marked to Sukanti Chakraborty, the respondent no. 8 apparently by the Deputy Commissioner of Police on 1. 9. 07 itself, who in turn marked it to Krishnendu Das, the respondent no. 9. On 3. 9. 07, the respondent no. 9 submitted the following report: