CBI, in an affidavit, affirmed before Justices P V Hardas and P N Deshmukh that currently it was investigating many cases of sensitive nature referred to by the High Courts and the Supreme Court. Thus, it was overburdened with cases.
The affidavit was filed by Subhash Ramrup Singh, Deputy Superintendent of Police, CBI, in reply to a petition filed by Nadirshah Hussain Patel, father of actor Laila Khan.
The petitioner prayed for a direction to CBI to re-investigate this case on the ground that he (petitioner) was not satisfied with the investigation of the local police who have already filed the chargesheet against accused Parvez Tak.
The case is pending trial before a sessions court. Other accused, Shakir Bani is absconding. The CBI affidavit quoted a Supreme Court observation in a judgement which said "in so far as the question of issuing direction to CBI to conduct investigation in a case is concerned, no flexible guidelines can be laid down to decide whether or not such power should be exercised."
"But, time and again it has been reiterated that such an order is not to be passed as a matter routine or merely because a party has levelled allegations against the local police. This extraordinary power must be exercised strenously, cautiously and in exceptional situations."
CBI further said that in Maharashtra Police/Mumbai Police there are specialised cells viz Detection Crime Branch which investigates special crimes like fake encounter, custodial death etc. Also, these special cells are well equipped with manpower and have better infrastructure.
The murder case of Laila Khan and her family has already been investigated and chargesheeted by specialised agency, CID of local police, the CBI affidavit said adding the chargesheet is pending legal scrutiny by the trial court.
CBI urged that the petition should be dismissed as the petitioner had not laid any foundation before the court for issuance of direction to CBI to reinvestigate the case. The petition would be heard after Diwali vacation.