- (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: "sub : Registry Marriage information. We would like to inform you that we, Rizwanur Rahman s/o Late Rezaur rahman, resident of 7/b, Tiljala Lane, Kolkata-19 and Priyanka Todi, d/o ashok Kr. Todi, resident of CG 235, Salt Lake, Kolkata-91, got married under the presence of Marriage Officer, Sipra Ghosh, on 18th August, 2007. The copy of our Marriage Certificate is being enclosed for your kind perusal. This marriage was performed with our own wish and not under the influence of any external pressure. We are also enclosing copy of our birth certificates as proof that we are both matured. We are presuming that our Father in Law/father, Mr. Ashok Kr. Todi may threaten us with dire consequences or create pressure or can send antisocial elements or goondas to kidnap us. In view of this we hope to get protection from your end if required. " Letters with similar contents were also addressed to the Deputy commissioner of Police (South Division), the Officers-in-Charge, Karaya Police station, Entally Police Station and Bidhannagar Police Station, and others. The Officer-in-Charge, Karaya Police Station upon receipt of the letter jointly written by Riz and Priyanka dated 30. 8. 07 had endorsed the same to S. I. , pulak Dutta on 31. 8. 07. Acting on the basis of such endorsement, S. I. Pulak dutta had conducted an enquiry and his report submitted to the Officer-in-Charge, Karaya Police Station reads as follows: "ref : the attached letter vide L/p (y)1226/07 dt. 31. 8. 07 an enquiry into the attached petition was made. During enquiry the u/sd. had been to premises no. 7b, Tiljala Lane, Kol-19 and contacted Mr. Rizwanur Rahaman s/o lt. Rezaur Rahaman of 7b, Tiljala Lane Kol-19 and mrs. Priyanka Todi d/o Ashok Kr. Todi of CG-235, Salt Lake, Kol-91 and they stated that they are both adult and married each other with their mutual concent as per Special Marriage Act and they have no complaine against each other. The u/sd. also found father of Priyanka Todi, Mr. Ashok Kr. Todi with other relatives are also present inside the premises and talking with them. The uncle of Rizwanur Rahaman was also present there. Documents in support of their marriage was verified. Since both are them are adult and made no complaine against each other. Hence we may keep watch. This is for your kind information. " On 31. 8. 07 itself, Priyanka had been taken to Riz's residence at Tiljala.
(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: "my niece Smt. Priyanka Todi daughter of Ashoke Todi having completed graduation from Ashok Hall joined a course in Arena Multimedia situated at 60a, J. L. Nehru Road, Kolkata 20. On 31st August, 2007, she left her home as usual for her course at Arena multimedia and did not return home. Then we searched for her at our relative's house and other probable places, but did not find her. Then we had been to her training center at 60a, J. L. Nehru Road and found rizewanoor Rahman -the teacher of the said institution absent. Meanwhile on enquiry we came to know that the said teacher namely Rizewanoor rahman took her to his residence at 7b, Tiljala Lane, Kolkata-19 by deceitful means with intent to marry her and detained her. We immediately reached the residence of Rizewanoor Rahman at 7b, Tiljala Lane, Kolkata-19 and found him there. Being asked Rizewanoor Rahman confirmed that Priyanka todi is within in his residence and he is going o marry her. But inspite of our best efforts we failed to see Priyanka there which created a suspicion in our mind that my niece may have been shifted to somewhere else. Being scared and thinking safety and security of my niece and adverse publicity we came back home. We searched in our house for any notes written by my niece, if any, but in vain. "
(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: "as ordered, a preliminary enquiry into the enclosed letter of complaint has been done. Rizwanur Rahaman s/o Lt. Rezaur Rahaman of 7b, Tiljala Lane, kolkata-19 and Priyanka Todi d/o Ashok Todi of CG-235, Salt Lake City, kolkata-91 stated that they got married on 18/08/2007 as per section 13 of special Marriage Act before the Marriage Officer Sipra Ghosh of 26, rameswar Shaw Road, Kolkata-14. It also appeared that both of them are adults. However a Xerox copy of the concerned marriage certificate has been produced by Rizwanur Rahaman, which appears to be genuine. As such, she is staying with him at his place at 7b, Tiljala Lane, Kolkata-19. This is for favour of your kind information. " Pradeep Todi followed up his complaint dated 1. 9. 07 with another complaint dated 8. 9. 07, also addressed to the Deputy Commissioner of Police, detective Department. This complaint was also marked to the respondent no. 9 through the respondent no. 8. The complaint reads as follows: "in continuation to my previous complaint of abduction dated 01/09/07, further this is to inform you that after meeting with Priyanka on 04/09/07 ashoke Todi, father of Priyanka tried to communicate with her several times but denied free access to her daughter. Ashok Todi who is having a background of heart disease fell ill as he could not tolerate such mental pressure. As such he was admitted in Apollo hospital yesterday (07/09/07 ). Yesterday her aunt went to Rizwanur's residence at 7b, Tiljala Lane, Kolkata and informed Priyanka to visit her father who was admitted in Apollo Hospital being seriously ill. She agreed but subsequently she told that she would not go with her aunt but with others. Unfortunately she did not visit her father on 07/09/07. As such I think that she has been detained under pressure of Rizwanur Rahman who is not allowing her to visit her father with some ulterior motive. I suspect that there is some foul play behind her confinement which might be under threat or coercion by Rizwanur and his family members. ";