India | Updated Mar 13, 2008 at 01:46am IST

Body recovered from tracks not Rizwan: Family

Sougata Mukhopadhyay, CNN-IBN

Kolkata: There has been yet another twist in the Rizwanur Rahman death case.

His family now claims that the body recovered from the Dum Dum railway tracks on September 21 last year may not be that of Rizwan. This after the state government told the Calcutta High Court said that the body recovered from the tracks that day belonged to a 55-year old man.

Rizwan was only 29 years old. The claim by Rizwan's family comes despite his relatives identifying his body.

The petitioner's counsel, Kalyan Bandyopadhyay says, "The first thing is that there was absolutely no application of the mind on the part of everyone who was there."

During the hearing, the West Bengal government told the court that the CBI acted in excess of its authority granted by the court.

While the court had asked the agency to ascertain the cause of Rizwanur's death, they filed a suo motu FIR and investigated the case as murder.

West Bengal Advocate General, Balai Chandra Roy, "They could have investigated everything on the authority of the High Court order. They have done it in Nandigram. In Nandigram, they have not lodged any FIR."

The attempt is to convince the High Court to scrap the CBI report that indicts several top police officials and by extension, dispose the petition filed by Rizwan's family.

The state also submitted that the court should consider whether, by taking away cases from the state police and handing them to the CBI, the judiciary is inadvertently putting the republican character of the country under threat.

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