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The family’s counsel took up the issue after the state government, in its affidavit today, disclosed that an Assistant Sub-Inspector of GRP had prepared the report after recovering the body from the railway tracks at Patipukur on September 21, 2007.
Advocate Kalyan Banerjee pointed out that at least a magistrate should have been present while the inquest was being done.
In the case of Rehman, an ASI completed the inquest, which was a clear violation of the law. Neither did the Dum Dum GRP take any photograph of the body at the spot where it was found on the railway tracks. No witness had signed on the papers either.
Referring to the state’s affidavit, Banerjee pointed out that “Form-48” was not available while performing the inquest.
Filling up this form with details of the injuries was mandatory for the police during an inquest.
The state admitted that “Form-48” had been out of print since 1978 and the details were submitted on a white sheet of paper instead.
Also, Banerjee urged that the court should declare the police intervention into the married life of Rizwanur as unconstitutional.
The personal liberty of the couple under the fundamental rights of the Constitution was violated with the police intervention.
Defending the CBI probe, Banerjee contended that the investigation conducted by the agency was correct, according to CrPC. The registration of a murder case by the CBI before initiating the investigation was legally valid. An investigation could not be initiated without registering a criminal case. The CBI never crossed its limit according to the order passed by the High Court. The next hearing of the case is scheduled for tomorrow.
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