(PER : HONOURABLE MR.JUSTICE JAYANT PATEL) We have gone through the progress report submitted in the sealed cover by CBI. Prima faice, we are not satisfied about such report, since no exact date-wise detail has been submitted. It further appears that in the meantime, Cri. Misc. Application No.18526 of 2012 has been filed by Mrs.Shamima Kauser, mother of the deceased Ishrat Jahan, praying the Court for monitoring the investigation. We would have further passed the order in this regard.
However, Mr.Ravani, learned Counsel appearing for the CBI states that date-wise detailed progress report after registration of the complaint till today shall be submitted on or before 10.1.2013.
So far as sparing services of Mr.Satish Verma is concerned, it was submitted by Mr.Prakash Jani, learned PP that Mr.Verma may not be continued to be spared further and his services may be placed under the State Government and as and when the officers of CBI so require, he would be made available.
We find that as such, we had earlier passed the order for sparing his services for a period of four months and as per CBI, he has reported for duty in the first week of October 2012. Therefore, in any case, the period of four months is not over. If CBI is really requiring the services of Mr.Satish Verma, it would be required for the CBI to make use of his services for further investigation henceforth and we make it clear that if the Court is not satisfied about the manner in which the investigation is undertaken by CBI, it may not be possible for the Court to further spare the services of Mr.Satish Verma thereafter.
Since on the aspect of joining by Mr.Satish Verma, a dispute is raised by the learned PP for the State Government, CBI in the next report shall clarify the exact date with authenticated record for joining the services of Mr.Satish Verma.
The report submitted by the CBI shall be kept in the safe custody of Registrar (Judicial) of this Court.
With the aforesaid observations, let the matter be further considered on 11.1.2013.
In the meantime, office shall also place the papers of Cri. Misc. Application No.18526 of 2012 before the Hon ble the Chief Justice for regular hearing of the said application before the Bench, as may be ordered by the Hon ble the Chief Justice on administrative side, since the same is a separate application, but connected with Special Criminal Application No.1850 of 2009 and allied matters, which were disposed of earlier by us (Coram: Jayant Patel and Smt. Abhilasha Kumari, J.J.).
(JAYANT PATEL, J.) (SMT. ABHILASHA KUMARI, J.) vinod Page 4 of 4