A Delhi Court Monday directed the CBI to give copies of all documents and witness statements based on which it has decided to close missing JNU student Najeeb Ahmad’s case, to his mother within two weeks.
Chief Metropolitan Magistrate Naveen Kumar Kashyap issued the order after Ahmad’s mother Fatima Nafees moved the court on the ground that the agency did not hand her the documents before filing the closure report in October 2018. She claimed that the CBI mentioned about 201 documents and statements, none of which have been given to her.
The counsel for the CBI argued that under the Code of Criminal Procedure, there is no provision of protest petition, and, consequently, of supply of documents.
The court, however, noted: “The law is settled that in case of closure/ cancellation report, complainant is to be given an opportunity to file protest petition, if so desired… In present case, it is clear that the complainant wants to file a protest petition.” “Further, there cannot be a half-hearted approach. In fact, an effective opportunity be given to the complainant to file protest petition… Accordingly, the CBI is directed to supply to the complainant all such statements of witnesses as well as documents as mentioned along with such closure report…,” the court said.
The court listed the matter for further hearing on May 7.
This had come after the Delhi High Court’s nod to the same, after being told by the agency that it had completed its inquiry into Ahmad’s disappearance “from every aspect”, but it led to no progress.
It ordered that the CBI is at liberty to “supply all the statements/ documents to the complainant within two weeks in physical or electronic form”.
Allowing the closure report to be filed, the HC had said that Ahmad’s mother could raise her grievances before the trial court where the report is filed.
Ahmad, a Master’s student at JNU, went missing on October 15, 2016. He was spotted getting into an autorickshaw, the morning after he was allegedly beaten up by a group of students belonging to the ABVP. Following this, the trail went cold. The case was passed from local police to the Delhi Police’s Crime Branch and, eventually, to the CBI, but made no headway.
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