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Najeeb case: Delhi High Court allows CBI to file closure report

The Delhi police had not opposed the handing over of the investigation in the case, saying that it had done its bit in the matter.

New Delhi: Nearly two years after JNU student Najeeb Ahmed went missing from campus and the police as well as the CBI unsuccessfully investigated his disappearance, the Delhi high court on Monday allowed the Central Bureau of Investigation (CBI) to file a closure report in the matter, saying the probe by the premier investigative agency was not “tardy and slow”.

A bench of justices S. Muralidhar and Vinod Goel “declined” the plea of the missing student’s mother, Fatima Nafees, to constitute a special investigation team (SIT) and monitor the probe, thereby removing the CBI from the investigation.

A bench of Justices S. Muralidhar and Vinod Goel while disposing of the habeas corpus petition moved by the student's mother, Fatima Nafees, said the probe by CBI was not “tardy and slow” as was contended by her and rejected her claim that it wanted to file the closure report due to “political compulsions”.

“This court is, for the reasons discussed hereafter, not persuaded that the CBI is tardy and slow in the investigation or that it has not taken steps that are required to be taken in the matter.

“In the present case, this court has in fact monitored the investigation thus far of the CBI and has not been persuaded to agree with the petitioner that the CBI has not acted fairly or that it has been under any influence or political compulsions in its decision to file a closure report,” the bench said.

The CBI, which had taken over the probe on May 16 last year, said after more than a year of investigation that it had looked into all the aspects of the case. It was of the opinion that no offence was committed against the missing student.

Ahmed had gone missing from the Mahi-Mandvi hostel of JNU on October 15, 2016, following a scuffle with some students allegedly affiliated to the ABVP the previous night.

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The lawyer for Ms Nafees had contended before the court that it was a “political case” and that the “CBI has succumbed to the pressure of its masters”.

As the Delhi police had remained clueless about Ahmed’s whereabouts even after seven months since he went missing, the probe had been handed over to the CBI on May 16 last year.

The Delhi police had not opposed the handing over of the investigation in the case, saying that it had done its bit in the matter.

The counsel for Ms Nafees had earlier said that nine students were named in a complaint filed by 18 students, who were eyewitnesses to the alleged assault on Ahmed. However, they were not interrogated. The nine students named in the complaint have denied all the allegations against them.

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