CBI court nod to Indrani Mukerjea plea

The special CBI court on Tuesday gave a nod to Indrani Mukerjea and her ex-husband Sanjeev Khanna’s application seeking copies of statements of witnesses recorded before the magistrate in Sheena Bora murder case, but with a condition that the copies would be made available after 10 days. The judge directed the CBI to complete the probe into the murder case by December 17, as he would open the statements submitted before the court in a sealed envelopes and hand over copies of the same to the defence. Special CBI judge H.S. Mahajan allowed the investigating officer to interrogate Indrani, Khanna and her former driver Shyamwar Rai for three weeks. On the request of Indrani’s defence lawyer, the judge also asked the CBI to interrogate her when she is fit to be interrogated, considering her ill health. The CBI had informed the judge that it had received the forensic laboratory report on Skype and messages amongst Indrani, Khanna and Rai and the investigators wanted to confront the accused with the FSL reports. In the meantime, judge Mahajan also asked the CBI officer, “Complete the investigation by December 17 and on that day I will open the sealed packets of the statements to read it and would give it to the accused then no matter what is there in it.” On December 17, accused of this case would be produced before the court because the period of their judicial custody will get over on that day. On a query made by advocate Mangala, the judge said he does not have any idea if applicant’s co-accused Rai has given a confessional statement before the magistrate as its copy was not submitted before the court and the judge had not opened the sealed envelope containing the witness’s statements. He, however, assured the defence that if Rai had given a confession and it comes on record, he would ensure that the copy of it is made available to the defence. Advocate Mangala on behalf of Indrani and advocate Shreyansh Mithare had moved applications before the court seeking copies of statements of witnesses recorded under Section 164 of the CrPC before a magistrate. The CBI prosecutor Kavita Patil had opposed the plea saying it was a case of larger conspiracy and investigation was still on and hence copies of these statements should not be given to the defence. However, the defence had cited a Supreme Court judgment saying that after filing of chargesheet in a case, the investigating agency should provide all documents to the accused that form part of the chargesheet. Accepting this contention, the judge allowed their application.