In an order passed in February 2021, the Court handed over the task of detecting the untraced offenders to the local police. It also directed the CBI to file its final report before the magistrate, and the SIT to file a final report and hand over all the records of the case to the CB-CID (Metro), Chennai.
This order, the petitioner claimed, was in clear conflict with the 2012 order of the High Court which had called for an SIT investigation.
“Hon’ble High Court…erred in holding that as regards the recommendation of S.I.T for taking penal and departmental action against certain officers, this Court cannot issue a positive direction and the S.I.T did not conduct a civil enquiry to fix responsibility, either departmental or criminal, on the other two investigation agencies for their lapses in the investigation. It failed to appreciate that unless custodial interrogation of Suresh Babu, Inspector, LO. of the case and other accused against whom serious punishments have been recommended by S.I.T. are not permitted, truth will not come out as which is evident from the report of S.I.T. The impugned judgment in the respectful submissions of the petitioner clearly amounts to diluting the report of SIT,” the plea stated.
Source: Barandbench
