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. 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. 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? Obviously investigation carried out, at least with respect to one FIR, by one of the agencies was misdirected. Is it required to be examined as to whether subsequent investigation can be faulted for the very same reason or not is, for the prosecutor and the trial court to examine?”“We clarify that the affidavits were taken on record only for ensuring that the officers not only fully cooperate but also disclose all such facts, which were well within their knowledge, to the investigating agency. 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. Both cases are now being investigated by the CBI.Police officials dealing with Kotkhai rape and custodial death cases were directed by the court to file affidavits in the registry of court in a sealed cover, with an accompanying affidavit stating that the contents placed in the sealed cover were sworn by them and that they are true and correct to their personal knowledge and belief.The court said that on August 24, 2017, these affidavits filed in a sealed envelope were kept in the safe custody of the register general of the high court.

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