Justice Rajiv Shakdher asked the agency lawyer to produce the relevant records to show what steps were taken to inquire into the alleged incident.
HC is hearing a plea by Azad's grandnephew Firoz Bakht Ahmed, seeking further probe into a preliminary inquiry launched by CBI into the alleged morphing of a photo of Maulana Azad and Najma Heptulla.
Ahmed had moved the court alleging that the morphing was done at Heptulla's behest when she headed the Indian Council for Cultural Relations (ICCR). Currently, Heptulla is minority affairs minister in the Narendra Modi government and is also grandniece of Maulana Azad.
Justice Shakdher, while posting the matter for Feb 27, said: "I need to know what were the steps taken for investigation on morphed photograph. CBI will produce relevant documents to show prima facie what steps were taken to conduct this investigation."
The court's direction came after the CBI produced the Self Contained Note on the issue. But after going through it HC said it is not clear what action the agency has taken to investigate the issue of photo morphing. It asked the investigative agency to inform how it reached the conclusion that there is no evidence in the matter.
During the hearing, the CBI told the court that the allegation of photo morphing was inquired into during the preliminary inquiry. However, after the probe, "CBI was of the view that the allegation of could not be substantiated as there is not sufficient incriminating admissible evidence for prosecution".
Advocate Prashant Bhushan, appearing for Ahmed, argued that from the evidence apparent on record it is clear that morphing did happen, but the CBI has till date failed to verify further if indeed it is Heptullah selected the photograph knowing fully well it was morphed.
The photograph was published in a book titled "Journey of a Legend: Maulana Abul Kalam Azad 1888-1958" by ICCR in 2005, and showed Azad seating with Heptulla after her graduation. The publication was later withdrawn by ICCR. Bhushan also told the court that it was a morphed photograph as Heptulla had graduated in May 1958, whereas Azad had passed away Feb 22, 1958.
http://timesofindia.indiatimes.com/followceleb.cms?alias=records,Najma Heptulla.,morphing,Maulana Abul Kalam Azad,Delhi High Court
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