SC declines CBI probe into fake encounter case

NEW DELHI: Turning down the plea for a CBI probe into the fake encounter killings of Sohrabuddin Sheikh and his wife Kauserbi, the Supreme Court on Thursday directed the Gujarat chief of police not to interfere with the investigation being conducted by senior IPS officer Geeta Johri. The apex court also asked the investigating agency to report to it in the case, instead of state.

A bench comprising Justice Tarun Chatterjee and Justice PK Balasubramanyan said, “The Investigating Agency shall submit a report on the investigation to this court only and there is no necessity for the investigating agency to take permission from the director general of police, Gujarat in the matter of investigation. Nor shall the DGP interfere with such investigation to be conducted by the investigating agency.”

The court turned down the plea for a CBI inquiry into the matter after taking into account that the investigation of the case was in the final stage. The state had informed the court that the final report shall be submitted within four to six weeks from May 15, 2007.

“We are of the view that at this stage we do not find any reason to hand over the investigation to the CBI from the State of Gujarat” said the court. The bench further turned down the plea to include Rajnish Kumar Rai into the investigation “Nor do we feel it appropriate to direct the state of Gujarat at this stage to include Mr Raigar (Rajnish) with Mrs Johri for completing the investigation,” said the court.

The court observed that after examining the interim reports as well as action taken reports filed by the state, it is difficult for them to come to a conclusion that the investigation were not proceeding towards the right direction. The court also asked the AP and Rajasthan police to co-operate into the matter.

“Considering the fact that the motive for committing the murder is yet to be known and in order to establish motive, investigation may have to be conducted also in two other different States, namely, State of Rajasthan and State of Andhra Pradesh, we direct the state of Andhra Pradesh and the state of Rajasthan and their high police officials to cooperate with the investigating agency of the state of Gujarat,” the court said.

It then asked the State of Gujarat to submit its final report on July 3, 2007. “We also direct the state of Gujarat to file an appropriate affidavit stating all facts relating to the investigation which have been brought to our notice by status/action taken reports in this court.”

About the confession of Gujarat state that Kauserbi was burnt and her dead body was disposed off, the court said, “From the record, till today, no proof of death of Kauserbi has been brought on record. We will take up this issue on the next date of hearing when the reports as directed shall be placed before us.”

The court posted the matter for further hearing on July 16. Under law, there is a presumption that if the dead body is not found or the person concerned is not found for a period of seven years, only then the said person can be presumed to be dead.