Advocate-general Balai Ray said on Wednesday that the CBI had committed contempt of court by registering murder cases against Ashok Todi and others before investigating Rizwanur Rahman’s death.

Ray was appearing for the state government in the case in the high court regarding the death of the computer graphics teacher. The hearing resumed on Wednesday.

“The investigating agency (CBI) has no right to register criminal cases against the respondents under Section 302 of the IPC (murder) before starting an inquiry. The CBI had committed contempt of court by registering the case,” argued the advocate- general.

“The court (Justice Soumitra Pal) had ordered the CBI to find out whether it was a case of murder or suicide. The agency does not have the power to register suo motu criminal cases against the respondents before starting investigations.”

Kalyan Banerjee, the lawyer appearing for the Rahman family, asked: “Why is the state government raising such allegations against the CBI four months after it started investigating the case? The government is only trying to shield the culprits.”

The preliminary CBI report on Rizwanur’s death, submitted to the court over a month ago, has not been opened. The court will decide whether submission of affidavits-in-opposition by the respondents in the case — five city police officers and the Todi family — is necessary before opening the report.

Counsel for the Rahmans had demanded that respondents submit their affidavits before the report is opened. Justice Dipankar Dutta heard both sides on Wednesday. The hearing will resume on February 28.

The CBI said it is waiting for the court’s order allowing it to start proceedings.