Police report irrelevant once case transferred to CBI: HC

Justice Mool Chand Garg passed the order on a petition filed by two persons who were accused by the Delhi Police of being Al-Badr militants. The police version was contradicted by the CBI, which gave them a clean chit.

Irshad Ali and Moarif Qamar had approached the High Court after trial court had refused to discharge them by giving credence to police version, despite the CBI giving them a clean chit.

Justice Garg, after going through CBI investigation taken up on High Court's order, set aside the trial court's order and directed it to consider the matter afresh on the basis of CBI findings.

"Once the investigation was transferred by this Court to the CBI and on that basis CBI not only took over the investigation but also filed a closure report, it is that report only which will have to be taken into consideration by the Additional Sessions Judge to proceed further in the matter," Justice Garg said.

"The only rider would be that while passing the orders the Additional Sessions Judge would not be influenced by the report of the Special Cell (of Delhi Police) in this matter. Once a report was filed by CBI, the said agency has to be treated as investigating agency in the case."

CBI in its report in November last year had said the duo was framed by the Delhi Police' Special Cell.

The agency had demanded a probe against three police officials, who had allegedly lied on oath as well as planted fake evidence, including arms and ammunitions, against the duo.

As there were contradictions in the findings of investigation agencies, the court had asked the Attorney General to assist it in deciding the matter.

Attorney General G E Vahanvati had submitted that state police and public prosecutor did not have any role to play in the matter after the case was transferred to the CBI.

The Court admitted his view and directed the trial court to decide the matter afresh by taking cognisance of CBI report without getting influenced by police version.