Justice Rajiv Shakdher directed CBI to see the evidence given by an Indian Foreign Service (IFS) officer, who has alleged that the photo was morphed and Minister of Minority Affairs Heptulla was very much part of the process.
The counsel for CBI opposed the IFS officer's plea to implead him as party in the matter, saying the officer himself was an accused in other two cases.
The judge, however, said the court would require some time to go through the evidence and hear the application moved by the 1985 batch IFS officer, Madhup Mohhta, on April 23.
Earlier, the court had observed that there is categorical evidence that the photo was morphed and the CBI's contention that there was no substantial evidence, had no credibility.
Mohhta's counsel claimed in the court that he was one of the then directors in the Indian Council for Cultural Relations (ICCR) and had conducted an administrative inquiry in the allegation.
"It was only subsequent to my bringing of the truth about photo morphing, two cases were lodged on me," he said.
CBI had earlier said that Heptulla was no more the ICCR chairperson and the matter does not hold water as it is quite old.
On March 11, the court asked CBI to supply it the paper book properly flagged showing the relevant documents on which they are relying to establish Heptulla's innocence.
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