Summary:
SHIMLA: The Himachal Pradesh high court on Thursday directed that the affidavits filed by police officials in connection with Kotkhai rape and custodial death cases be made available to all the parties. Obviously investigation carried out, at least with respect to one FIR, by one of the agencies was misdirected. After all, one of the accused had died in police custody,” they said.The high court ordered to open the sealed envelope(s) having affidavits in the presence of the counsel for the parties on September 24.Both the gang rape and murder cases and that pertaining to the subsequent custodial death of an accused were monitored by the high court. Disposing of a Central Bureau of Investigation (CBI) petition, a division bench led by acting Chief Justice Sanjay Karol said: “Eventually, we hold that the affidavits be made available to all parties.”In a judgment pronounced on Thursday, the bench stated, “Why should truth be not made known to all? The court said that the CBI was at liberty to obtain certified copies thereof for use in a manner prescribed in law with the statutory safeguards and protection provided, under the Constitution, the Criminal Procedure Code and the Indian Evidence Act.CBI counsel Nikhil Goel had contended that affidavits filed by the deponents were statements given on oath and as such, be released in favour of the investigative agency to be used at an appropriate stage, if so required..