A Delhi court Monday directed the CBI to give copies of all statements and documents related to the closure report of probe into missing JNU student Najeeb Ahmed’s case to his mother within two weeks.
Chief Metropolitan Magistrate Naveen Kumar Kashyap directed the probe agency to supply hard or soft copy of documents and asked the investigating officer of the case to appear before it in person on May 7.
“There cannot be a half-hearted approach. In fact, an effective opportunity be given to the complainant to file protest petition.
As such, whole of the cancellation report along with the statement of witnesses and documents, which are part and parcel of the present cancellation report, have to be supplied to the complainant. Accordingly, the CBI is directed to supply to the complainant all such statement of witnesses as well as documents as mentioned along with such closure report.
“The CBI is at liberty to supply all the statements or documents to the complainant within two weeks in physical or electronic form.
IO is directed to appear in person on the next date of hearing for compliance,” the court said.
The court rejected the submission of public prosecutor Amit Jindal, appearing for the CBI, that in CrPC there is no provision of protest petition and supply of documents.
It said the law is settled that in case of a closure report, complainant is to be given opportunity to file a protest petition, if so desired by the complainant.
“In the present case, it is clear that the complainant wants to file a protest petition,” the court said.
The court’s order came while hearing a protest petition filed by Ahmed’s mother, Fatima Nafees, against the Central Bureau of Investigation’s closure report in the case.
The lawyer appearing argued that she has not been supplied statement of witnesses.
Investigation into the mysterious disappearance of JNU student Ahmed, who went missing from the university, came to an end after the Delhi High Court last year allowed the CBI to file a closure report in the matter.
The high court did not agree with the allegation of Ahmed’s mother that the CBI wanted to file the closure report due to “political compulsions”.
Ahmed had gone missing from the Mahi-Mandvi hostel of the Jawaharlal Nehru University (JNU) here on October 15, 2016, following a scuffle with some students allegedly affiliated to the Akhil Bharatiya Vidyarthi Parishad (ABVP) the previous night.
As the Delhi Police remained clueless about Ahmed’s whereabouts even after seven months of his going missing, the probe was handed over to the CBI on May 16, 2017.
