A special Central Bureau of Investigation (CBI) court on Saturday reserved its verdict on deputy superintendent of police Tarun Barot’s application moved on June 15, seeking certain documents pertaining to Ishrat Jahan alleged fake encounter case. Barot is one of the key accused in the case and out on bail. The documents sought include previous statements, recorded after the encounter in 2004, forensic reports, crime reconstruction reports, scientific test reports conducted on some of the police officers involved.
Barot has said in the application that the CBI did not include the documents, which would “demolish” the agency’s entire case. He has added in the application that he had moved the Supreme Court earlier this year challenging the CBI investigation in this case. Barot has said that this writ petition was withdrawn reserving the liberty to approach the court again. Lawyer S V Raju, who appeared for Barot, argued, “The Supreme court also observed that while examining the grievances of the applicant, the trial court, if it construes it to be essential in the interest of justice, could also consult the reports in connection with the investigation as laid down by investigating agency before the high court and to obtain the same for that purpose only.”
Barot has said that the CBI supplied the forensic report of 2009, which was submitted to the Gujarat high court-appointed Special Investigation Team (SIT). He added but the probe agency “deliberately” did not supply a similar report conducted in 2004 after the encounter. He has sought all statements recorded by police officers in 2004, statements of witnesses given to SIT on different occasions, reports of members of SIT submitted individually and jointly, reports of joint team of AIIMS, central forensic science laboratory, Delhi and Gujarat forensic science laboratory.
The CBI argued that it can bring the documents only if the court orders. It said that it is only the court, which can call for records of previous investigation. CBI lawyer, R C Kodekar, said that previously also two similar applications of other accused were dismissed. Barot is among the seven chargesheeted accused in the encounter case, which the CBI claimed was staged.