A Supreme Court lawyer today moved the Delhi high court challenging its order of refusing to make public post mortem reports of two suspected Indian Mujahideen terrorists and a Delhi Police inspector killed inBatla House encounter case last year.
Challenging the order before a division bench, advocate Prashant Bhushan submitted the single bench had erroneously concluded that a disclosure of the post mortem reports would impede the process of investigation.
The court had on November 30 had set aside the order of Central Information Commission (CIC) which had directed the police to disclose post mortem report under the Right to Information Act but asked the investigating agency to provide a copy of the FIR in the case to the accused.
"Furnishing of post mortem report at this stage would jeopardise and create hurdles in apprehension and prosecution of offenders who may, once information is made available, take steps which may make it difficult and prevent the state from effective and proper investigation and prosecution," the court had said.
A suspected Indian Mujahideen terrorist and the prime accused of serial blasts Atif Ameen and co-accused Sajid were killed during the Batla House encounter at the South Delhi locality on September 19. It also left Delhi police inspector Mohan Chand Sharma dead.
The encounter had taken place within a week of the serial blasts which claimed lives of 26 persons and left hundred others injured.
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