1.0. Present Criminal Miscellaneous Application in Special Criminal Application No.963 of 2007 has been preferred by the applicant herein -Central Bureau of Investigation through Chief Investigating Officer for appropriate order to extend further three months time for completing investigation pertaining to the RC-3(S)-2011 SCIII/CBI New Delhi dated 15.7.2011.
2.0. Shri Y.N. Ravani, learned advocate of the applicant has requested to consider the prayer of applicant to grant three months more time to complete investigation. It is submitted that investigation with respect to the aforesaid complaint is in progress and as such during the investigation so far around 200 persons have been examined to find out the truth about the alleged encounter, however, despite the best efforts, the investigation could not be completed within stipulated period due to the following reasons:
(i). The exhibits which were sent to CFSL, New Delhi during October/ November, 2011, their reports have been received on 11th June 2012. The report so received are contrary to the earlier report of FSL Ahmedabad on some material issues, hence, the process of DNA profiling need to be done and this Will require some more time.
(ii). The case involves inter state and even investigation in foreign countries. The reference has been made to Interpol and Protector of Emigrants, Government of India about visit of Sadik Jamal to Dubai and reports are awaited.
(iii). The matter regarding mobile phone call details of suspected numbers for the period 2002/2003 has been taken up with the concerned service providers as the information being quite old i.e. more than 9 years is taking a considerable time for the retrieval.
(iv). Ketan Tirodkar who is one of the crucial persons in the entire episode of alleged illegal detention and encounter of Sadik Jamal, has never attended in the process of investigation despite repeated sincere efforts made to procure his presence for his examination. His examination is very essential in view of his acquaintance / complicity in order to known various other aspects involved in the case in the interest of justice. He is hiding himself in order to keep himself away from the scope of investigation. The necessary legal recourses are being taken to ensure his presence for investigation.
3.0. It is further submitted by Shri Ravani, learned advocate for the applicant that the investigation of the case is in progress is at very crucial stage and more persons need to be examined to bring out the truth and even some more scientific tests are required to be carried out to reach a logical conclusion. Therefore, it is requested to grant/ extend the further period.
4.0. Considering the above, it appears that one of the reasons in delay in concluding the investigation is that One Ketan Tirodkar who is one of the crucial person in the entire episode of alleged illegal detention and encounter of Sadik Jamal has never attended in the process of the investigation despite the repeated sincere efforts made to procure his presence for his examination.
5.0. Shri Japan Dave, learned advocate has stated at the Bar under the instruction from Shri Ketan Tirodkar who is stated to have been present in the Court and whose presence was required by the Investigating Officer that Shri Ketan Tirodkar on his own, is present in the Court and he has also appeared before the Investigating Officer Shri Satish Kumar Rathi and that he will accompany the Investigating Officer Shri Satish Kumar Rathi for investigation and his appearance before the Investigating Officer today be considered to have been appeared pursuant to the summons issued by the Investigating Officer. He has also stated at the bar that he shall fully cooperate the Investigating Officer in further investigating the matter. In view of the above, it will be now for the Investigating Officer to proceed further with the investigation and deal with the said Shri Tirodkar in accordance with law.
6.0. Having heard Shri Y.N. Ravani, learned counsel for the applicant, Shri Mukul Sinha, learned advocate for the original complainant and Ms. Maithili Mehta, learned APP appearing on behalf of the State and so as to see that the Investigating Officer ultimately reaches to the truth and the real culprits are found out, time to conclude the investigation with respect to killing of Shri Sadik Jamal in alleged fake encounter is hereby extended upto 2.10.2012. In the meantime, the Investigating Officer shall make all endeavors to complete the investigation. All concerned are directed to cooperate the Investigating Agency in completing / concluding investigation at the earliest and within stipulated time stated hereinabove and it is observed and directed that whenever any assistance is required of any other agency as far as possible they shall give top priority so that the direction issued by this Court in the present order is carried out by the Investigating Officer. Rule is made absolute to the aforesaid extent.
( M. R. Shah, J. ) "kaushik"
Top