New Delhi: Terming the CBI’s investigation “hogwash”, a plea has been moved in the Supreme Court against an alleged attempt by the agency to protect the “real perpetrators” in the Muzaffarpur shelter home case.
Nivedita Jha, on whose petition the top court had ordered the CBI investigation, has filed a fresh application to demand a thorough probe into the charges of murder, gang-rape, exploitation racket and identification of people who either visited the shelter homes or were sent the minor victims for sexual exploitation.
The plea, filed through advocate Fauzia Shakil, stated that the CBI filed its charge sheet on December 18 under various provisions of the IPC and POCSO but left out of the note severe charges of murder, gang rape etc.
"The investigation conducted by the CBI is not only incomplete but ex-facie also appears to be hogwash. It appears that the investigation has been avoided on the crucial leads available on record, apparently to shield the real perpetrators," the application said.
It added that there is a deliberate attempt to dilute the case even against the named accused and the CBI's inaction is demonstrated from the fact that cognisable offences disclosed by the victims have not been added in the agency’s charge sheet.
Further, there has been no probe on the identity of the guests and outsiders even though the victims made categorical statements that a large-scale prostitution racket was being run by named prime accused Brajesh Thakur.
"From the perusal of the charge sheet, it is apparent that the CBI is trying to shield the real perpetrators and has intentionally avoided to investigate the leads given by the victims about the outsiders and alleged friends of Brajesh Thakur," read the plea.
It pointed out that there is no information as to whether any attempt has been made by the CBI to ascertain the identity of these outsiders and guests and hence, the larger conspiracy has remained untouched in the CBI's charge sheet.
The application maintained that every act of rape and murder needs to be tried separately under the law but the attempt by the CBI appears to confine all crimes to just one trial by way of filing one composite charge sheet. The plea has sought a direction to the CBI to lodge separate FIRs and ascertain the identity of the “real perpetrators”.
It has also requested for a direction to the Saket court in Delhi to conduct separate trials for every distinct offence of rape and murder. This application was on Thursday mentioned before a the court by advocate Shoeb Alab, who pressed for an urgent hearing since the trial at the Saket court has already begun.
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