Najeeb Ahmed case: Delhi HC orders CBI to produce forensic report on mobile phone data

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Students protesting at the disappearance of Jawaharlal Nehru University student Najeeb Ahmed (file picture). Photo: UNI
Students protesting at the disappearance of Jawaharlal Nehru University student Najeeb Ahmed (file picture). Photo: UNI

Above: Students protesting at the disappearance of Jawaharlal Nehru University student Najeeb Ahmed (file picture). Photo: UNI

The Delhi High Court on Thursday (December 21) dealing with the disappearance of Jawaharlal Nehru University student Najeeb Ahmed was apprised by the petitioner that Central Bureau of Investigation (CBI) was not investigating the case well and showing laxity.

The bench of Justices S Muralidhar and I S Mehta was informed by the petitioner that CBI refused to take lie detector test.

CBI counsel countered the submissions by saying: “They are relying on what people are saying. Please have this status report. We have taken into account each point of suggestions given by the petitioner. I have submitted my reply to these suggestions in this status report. Please have a look at point number three, every possible protocol we are following. It also reflected in the steps we have taken so far.”

Petitioner again reiterated: “When the CBI took over the investigation the mother (petitioner) mentioned the name of the person to be written in the reports. The name of the auto driver mentioned in the statement given by the mother (Fatima Nafees). And also the name of the police officers. Have they interrogated the auto driver?”

To which the bench replied: “To reach the conclusion they have to do what they (CBI) are doing. You are drawing conclusions. The investigation agencies have to trust the leads but not to draw conclusion. What if the auto driver was lying?”

The petitioner also put forth the other issue that is of polygraph test. “The nine students have categorically refused to give the polygraph test,” said petitioner.

The bench commented: “I think if they have the mobile reports from CFSL then they can move forward. Let them do monitoring they way it should. It is only appropriate afterwards to hear this case. We have no reason to believe they (CBI) are lacking,” and asked CBI to submit the status report showing steps taken so far.

The bench further instructed CBI to expedite steps to get the CFSL report containing forensic examinations of the mobile phone and deleted data report of the accused students.

The Court will hear the matter again on February 27, 2018.

—India Legal Bureau