A CBI court on Thursday reserved its judgement in the Shehla Masood murder case. Shehla was shot dead outside her house in Bhopal's Koh-e-Fiza locality on August 16, 2011.
After short arguments by senior public prosecutor Hemant Shukla and Saba Farooqui's defence lawyer Sunil
Srivastava, special CBI court judge Anupam Srivastava reserved its judgement on a petition filed by the senior public prosecutor seeking permission to examine main accused Zahida Parvez and her accomplice Saba Farooqui separately, by a lady inspector in judicial lock-up to find out the origin of exhibits.
Defending the petition filed in the court on January 10, the CBI prosecutor said that permission was necessary to find out the origin of exhibits such as the handkerchief, used condom and human hair found in the possession of Zahida and Saba, besides identities of persons.
Saba's lawyer Srivastava had filed a five-page objection against the petition, saying that re-examination of his client was "illogical and an infringement of human rights of a person under going trial and living in lock-up for the last eight to nine months".
"The CBI should tell the court whether any person linked with exhibits such as a used condom should also be named in the case or be examined," Srivastava said.
The CBI cannot compel any accused to make statements against herself, when she is under trial, the defence lawyer argued.
He questioned if CBI's chargesheet produced in 90 days was drafted under pressure, and whether it wanted to examine the same accused in custody by misusing Section 170 of the Indian Penal Code (IPC) so that it could rectify its chargesheet.
"If the evidence against Saba is not sufficient, since the CBI desires to examine her again, then she should be released under Section 169 of the IPC," he told the court.
In his two-page prayer submitted to the special CBI judge on January 10, CBI additional superintendent AGL Kaul said that as per forensic experts' opinion, the human blood, hair and DNA found on a handkerchief and a "used condom" seized from Zahida's office and residence, belonged to different male and female origins. This opinion was received after a chargesheet was filed, Kaul said.
Other prosecution witnesses will be produced in the CBI special court on February 12 and 13.
Late in the evening, the special CBI judge put up January 28 as the date for the judgement on prayer sought by CBI.
Bail pleas of the three alleged shooters Saquib Ali Danger, Tabish and Irfan taken up by the special judge will be decided on the same date, Irfan's lawyer Mahendra Morya said.
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