CBI counsel Ranjan Roy, however, defended the move saying that the FIR was registered after taking into account the circumstances of the case and in accordance with a High Court order. Roy added that the agency had registered the FIR on October 19 and communicated the matter to the registrar general of the High Court and the chief secretary of the state. While registering the FIR, the CBI had considered the writ petition and the letters written by Rehman and his wife Priyanka Todi to the Kolkata police chief, the Karaya police station and the North 24 Parganas SP apprehending that they may be abducted or murdered.
He added that the CBI could investigate any case in the state as the state government had issued a gazette notification in 1989 giving the agency permission to do so. On Monday, the CBI said it was ready to re-investigate any aspect of the case if the court directed it to do so. It prayed for an order to refer the case for criminal proceedings to a trial court.