New Delhi: The Supreme Court on Tuesday, while reserving orders on a petition for a CBI probe into the fake encounter killing of Sohrabuddin Sheikh and subsequent killing of his wife Kausarbi, expressed satisfaction with the investigation being conducted by the Gujarat government.

A Bench consisting of Justices Tarun Chatterjee and P.K. Balasubramanyan said it would give its verdict on Thursday.

It told Attorney-General Milon Banerjee, "It appears the investigation has been set afoot and is going on apparently in the right direction. Is it advisable to take it out and entrust it to the CBI? The investigation is going on reasonably and vigorously."

Mr. Banerjee said that as policemen from Andhra Pradesh and Rajasthan were also allegedly involved in the fake encounter and one State government was reportedly not cooperating in the probe, it would be desirable to refer the matter to the Central Bureau of Investigation. The apex court should monitor the investigation.

We've other work to do

When he persisted with the demand for a CBI probe, the Bench said, "Is this our business? We have other work to do. We do not want to interfere when the investigation is in progress."

When Hafeez Ahmed, counsel for petitioner Rubabuddin Sheikh, brother of Sohrabuddin, said Deputy Inspector-General of Police Rajnish Rai, who had been removed from the investigation, should be reinducted, the Bench told him that this issue was never raised at the earlier hearings. "You cannot have a CBI probe as well as re-induction of Mr. Rai."

When counsel pointed out that every police officer had been shifted, the Bench said: "We only asked why Geetha Johri [senior IPS officer] was removed [from the investigation] and now they say she has been brought back."

Final stages

Senior counsel K.T.S. Tulsi, appearing for Gujarat, said the investigation was in the final stages and would be completed within 4-6 weeks after receiving the reports of scientific investigation. "We do not want to leave any loose ends. We are examining whether the third person, said to have been killed in the fake encounters, was Tulsiram Prajapati or not. If it was not Tulsiram and there was no evidence of any third person having been killed, it would be easier for the investigating agency to proceed with filing the charge sheet within 90 days."

To a question whether the Gujarat police could go beyond their territory, Mr. Tulsi said, "There are no constraints on us under the Cr.PC; we can go anywhere, including abroad. The long arm of the law can catch anyone, particularly when this court is watching the investigation."

Additional Solicitor-General Gopal Subramaniam, who is assisting the court, also pleaded for a CBI probe.

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