The CBI on Tuesday moved the Supreme Court seeking modification of an order staying its ongoing probe in the sensational Bulandshahr gang-rape case, saying it may cause “disappearance of material evidence” besides enabling the six accused to seek statutory bail.
The apex court had on August 29 taken note of the controversial remarks of U.P. Minister Azam Khan that the gang rape case was a “political conspiracy”, while staying the CBI probe in the case. It had also asked whether the State should stop people holding high offices from making such comments on heinous crimes.
In a plea filed by CBI SP Abhishek Dular, the probe agency sought its impleadment as a party to the petition filed by the husband and father of the rape survivors, a mother- daughter duo. “That it is respectfully reiterated that the running period of 90 days permitted under 167 of Cr.PC for completion of investigation, would not get stopped and would also cause prejudice to the investigation and after the expiry of 90 days would extend to these suspects, a right to claim release.”
“That on behalf of the CBI, it is most humbly and respectfully submitted that continuation of stay of investigation by the CBI may result in disappearance of material evidence and may cause prejudice to the conduct of this case,” it said.
While seeking modification of the order passed by a Bench comprising Justices Dipak Misra and C. Nagappan, the CBI sought permission to continue its probe.
The FIR initially was lodged by the U.P. police under various provisions on July 30. CBI had re-registered the offence on August 18 in pursuance of the Allahabad High Court order.
