New Delhi:
The Delhi High Court today asked the CBI to look into the information given by a civil servant on the alleged morphing of photos of Maulana Abul Kalam Azad and Najma Heptulla in a book on the country's first education minister.
Justice Rajiv Shakdher directed CBI to see the evidence given by an Indian Foreign Service (IFS) officer, who has alleged that the photo was morphed and the Minister of Minority Affairs, Dr Heptulla, was very much part of the process.
The counsel for CBI opposed the IFS officer's plea to implead him as party in the matter, saying the officer himself was an accused in other two cases.
The court told CBI "(when) there is some information, why don't you look into it."
The judge, however, said the court would require some time to go through the evidence and hear the application moved by the 1985 batch IFS officer, Madhup Mohhta, on April 23.
Earlier, the court had observed that there is categorical evidence that the photo was morphed and the CBI's contention that there was no substantial evidence, had no credibility.
Officer Mohhta's counsel claimed in the court that he was one of the then directors in the Indian Council for Cultural Relations (ICCR) and had conducted an administrative inquiry in the allegation.
The counsel said "he is a crucial witness in the present issue being heard by the court".
"It was only subsequent to my bringing of the truth about photo morphing, two cases were lodged on me," he said.
CBI had earlier said that Dr Heptulla was no more the ICCR chairperson and the matter does not hold water as it is quite old.
On March 11, the court asked CBI to supply it the paper book properly flagged showing the relevant documents on which they are relying to establish Dr Heptulla's innocence.
The court had maintained that the perusal of CBI's self contained note submitted earlier, left unanswered questions as to what steps were taken in respect of preliminary inquiry and investigation on the morphed photograph.
It had asked for the self-contained note after the CBI had in its earlier reply stated that the allegation against the union minister could not be "substantiated" due to lack of sufficient evidence.
On December 19, 2014, on the court's direction, CBI had produced the note in a sealed cover for its perusal.
The court was hearing a plea filed by Maulana Azad's grandnephew Firoz Bakht Ahmed, who had alleged that the morphing was done at the instance of Dr Heptulla when she was heading ICCR.
The controversial photograph, showing Maulana Azad sitting with Dr Heptulla after her graduation, was published in an 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 had alleged that the photograph was morphed as Dr Heptulla had graduated in May 1958 whereas Maulana Azad died on February 22, 1958. He had sought a CBI inquiry into the controversy.
The counsel for the petitioner, Govind Jee, had argued that from the evidences, it was clear that photo morphing did happen but CBI had failed till date to ascertain as to who was responsible for the morphing and whether, as the then President of ICCR, Dr Heptulla had selected the photograph knowing it to be morphed.
Earlier, the petitioner had informed the court that on July 5, 2006 it had directed the investigating agency to continue the probe on the allegations and bring it to a logical conclusion.