Zee
News: New Delhi: Saturday, 08 November 2014.
The Delhi
High Court on Friday sought CBI's response on a plea seeking probe into alleged
morphing of a photo of Maulana Abul Kalam Azad and Najma Heptulla in a book
published on the country's first education minister.
Justice Vibhu
Bakhru issued notice to CBI while asking it to take instruction by November 14
on the plea moved by Azad's grandnephew Firoz Bakht Ahmed who alleged that the
morphing was done at the instance of Heptulla when she was heading ICCR.
"It is a
short question. If your are conducting investigation, then say yes. If not,
than also you say us," the court said.
Meanwhile,
the Centre, which was supposed to file its response, informed the court that it
won't do so as the matter was not related to it.
The
controversial photograph showing Azad seating with Heptulla after her
graduation was published in Indian Council for Cultural Relations (ICCR)
publication titled "Journey of a Legend, on the life of India's first
Education Minister". The publication was later withdrawn by ICCR.
The
petitioner alleged that the photograph is morphed as Heptulla had graduated in
May 1958 whereas Azad died on February 22, 1958 and pleaded with the court for
a CBI inquiry in the controversy.
Earlier, the
court had said one court has already passed the order directing the CBI to
probe into the allegations and bring the same to a logical conclusion as
expeditiously as possible. "Why don't you (CBI) put that order in
place?" the judge had said.
Advocate
Prashant Bhushan, appearing for the petitioner, had informed the court that on
July 5, 2006 it had directed the probe agency to continue the investigation
with respect to the allegations made and bring the same to a logical
conclusion.
Bhushan had
alleged that CBI has not yet made it clear. whether the investigation has been
brought to its logical conclusion or not.
He had
contended that since 2008, the petitioner has been continuously filing RTIs for
knowing the findings of the preliminary inquiry into the case.
He had said
CBI, on the pretext that it has been exempted from the RTI purview or that the
matter is unanswerable under Section 8(1) h of the RTI Act, did not bother to
reply.
The advocate
had further told the judge that it has been the practice of CBI to shield
influential politicians owing to which the inquiry has been pending for nine
years.
Following the
controversy, the Ministry of External Affairs had said in its reply to a
question asked in the Lok Sabha on May 11, 2005 that no official of the ICCR was
involved in deciding the photograph and the text of "Journey of a
Legend".
"All the
photographs and text were personally selected by the then President of ICCR
(Heptulla) who had also approved the dummy copy before printing," the
petition said.
"For that,
the alleged act of the photograph morphing (fabrication) at the instance of the
then President of the ICCR (Heptulla) is an offence of forgery punishable under
IPC.
"It is
apparent from the facts and circumstances of the present case that because the
person, accused of the offence, is a high profile politician, efforts have been
made by the government, ICCR and CBI to shield her from the criminal liability.
Such an attempt strikes at the root of the rule of law and therefore, warrants
appropriate interference of this court," the petition said.