New delhi,April 09 :THE Supreme Court on Wednesday refused to have a relook at its decision to direct a CBI probe into the killing of Sohrabuddin and his wife Kausarbi in an alleged fake encounter in Gujarat.
A bench comprising Justice Aftab Alam and Justice Cyriac Joseph also dismissed a petition by IPS officer Geeta Johri — the leader of the Gujarat Police team conducting the probe — who wanted the court to expunge certain adverse remarks made against her in the judgment.
This is the second setback for Johri in as many days. The Supreme Court on Tuesday stressed that Johri — who was also a member of the SIT probing 2002 Gujarat riot cases — should not be associated with any ongoing trial in riot cases.
On a petition by Sohrabuddin’s brother, the Supreme Court on January 12 directed the CBI to investigate “ all aspects” of the case including “ the alleged possibility of a larger conspiracy”. Taking note of serious lapses in the investigation conducted by the state police, the court had stressed that it could not allow the state police to continue with the case.
The state government was not satisfied with the decision and had filed a petition for review of the judgment. Johri had also approached the court regarding strictures against her.
The state government argued that a CBI probe should not have been ordered as the investigation was over and a chargesheet in the case had already been filed in the case.
The court in its judgment had pointed out that after perusing reports and examining all materials on record, it had come to the conclusion that the chargesheet had not run in the proper direction.
There were discrepancies in the action taken reports and the chargesheet filed in court.The names of several policemen had not been revealed in the chargesheet, it said.
About the killing of Kausarbi, the chargesheet only stated that she was seen in the company of the ATS personnel, on November 26, 2005, and her body was taken for cremation on 29th of November, 2005.The mode of killing had not been probed, the court noted.
The state police had not conducted a narcoanalysis of the accused even though the trial court had allowed the same.