The Delhi High Court today pulled up the CBI over its failure to find out who allegedly morphed a picture of Maulana Abul Kalam Azad and Najma Heptulla in a book published on the country's first education minister.
The Delhi High Court today pulled up the CBI over its failure to find out who allegedly morphed a picture of Maulana Abul Kalam Azad and Najma Heptulla in a book published on the country's first education minister.
Justice Rajiv Shakdher said there is categorical evidence that the photo was morphed and the CBI's contention that there is no substantial evidence, has no credibility.
Additional Solicitor General (ASG) Pinky Anand, appearing for CBI, said Najma Heptulla is was no more the chairperson of the Indian Council for Cultural Relations (ICCR) and that the matter being quite old holds no water today.
She said the CBI has not found any evidence to prosecute the minister of Minority Affairs Heptulla and now the ICCR will have to see who did it.
"That it is upon ICCR to see who has morphed the photo in question. As far as CBI is concerned we have not found any basis or evidence to prosecute her... The book was also not circulated and was withdrawn from the market immediately after the issue came to light," ASG said, asking how is petitioner concerned in this matter.
The court, however, asked ASG to supply it, before April 23, the paper book properly flagged showing the relevant documents on which they are relying to establish Heptulla's innocence.
"I need to know the steps taken for the investigation of the morphed photograph. CBI will produce relevant documents to show prima facie what steps they have taken to conduct this investigation," the judge said.
The court maintained that the perusal of the CBI's self contained note submitted earlier, leaves unanswered questions as to what steps were taken in respect of preliminary inquiry and investigation for the morphed photograph.
It had asked for the self-contained note after the CBI had in its earlier reply stated that the allegation against the Union minister could not be "substantiated" due to lack of sufficient evidence.
On December 19, 2014, on the court's direction, CBI had produced the note in a sealed cover for its perusal.
The court was hearing a plea filed by Azad's grandnephew Firoz Bakht Ahmed, who had alleged that the morphing was done at the instance of Heptulla when she was heading ICCR.
The controversial photograph, showing Azad sitting with Heptulla after her graduation, was published in an ICCR publication titled "Journey of a Legend, on the life of India's first Education Minister". The publication was later withdrawn by ICCR.
The petitioner had alleged that the photograph was morphed as Heptulla had graduated in May, 1958 whereas Azad died on February 22, 1958 and pleaded with the court for a CBI inquiry into the controversy.
The counsel for the petitioner, Govind Jee, had argued that from the evidences apparent on record it was clear that photo morphing did happen, but CBI has failed till date to ascertain as to who was responsible for the morphing and whether as the then President of ICCR, Heptulla had selected the morphed photograph knowing it to be morphed.
Earlier, the petitioner had informed the court that on July 5, 2006 it had directed the probe agency to continue the investigation with respect to the allegations made and bring the same to a logical conclusion.
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