The Supreme Court on Monday refused to stay a Calcutta High Court order on May 18 directing the CBI to probe Rukbanur Rahman’s allegation that his brother Rizwanur had been murdered.

“No stay, not at least till the respondents file their reply,” the vacation bench of justices Deepak Verma and K.S. Radhakrishnan stated.

Rukbanur’s complaint said he and his mother suspected that businessman Ashok Todi was behind the “murder” of Rizwanur, who had married Todi’s daughter Priyanka.

The Todis had moved the apex court against the high court order.

The CBI probed the matter on the basis of a case registered by railway police about Rizwanur’s “unnatural death” and charged Todi, his brother and one of their relatives with abetting the youth’s suicide, following an order by a single judge bench.

A high court division bench ordered a probe into Rukbanur’s complaint.

The lawyer representing the Todis said the high court order amounted to re-investigation of the case. “A chargesheet has been filed. Once this is done, only the magistrate has the jurisdiction to deal with the case,” he argued.

Rukbanur’s lawyer pointed out that the murder complaint had never been investigated.