A bench of Justices Ranjan Gogoi and L Nageshwara Rao issued notice to the premier investigating agency seeking reply on the plea which alleged that CBI did not probe the conspiracy behind the killing of Rajiv Gandhi in 1991 despite an order from a TADA court in Chennai.
The order came on a plea filed by A G Perarivalan, one of the convicts in the assassination case, who contended that that neither the CBI (Special Investigation Team) nor its Multi Disciplinary Monitoring Agency (MDMA), had proceeded with the probe in a proper perspective to bring the accused to book as several top people were involved in the case.
Perarivalan had earlier sought the case dairies pertaining to CBI and MDMA, which probed the matter.
When the matter came up for hearing, the bench wanted to know as to "what for the further investigation is required?"
Senior advocate Rajeev Dhavan, appearing for Perarivalan, said that further probe is required as CBI had only probed the incident in which Gandhi got killed and it did not go beyond the "boom theory".
To this, the bench said, "So the boom is over, the trial is over and you say there is still something more to it?"
Perarivalan had also referred to the inquiry report of the
Jain Commission which formed the basis for the TADA court's decision for a further probe to identify role of individuals to uncover the larger conspiracy in the assassination.
"The grievance of the petitioner is that the designated TADA Court was monitoring the pending investigation on papers only, but without knowing actual facts of the investigation being conducted by CBI (MDMA) for the last about 17 years.
"The TADA Court merely collected sealed covers cluelessly that too in-chambers vide in-camera proceedings from the investigating agency every three months once without even opening the said covers for so many years," the plea said.
Rajiv Gandhi was assassinated on May 21, 1991 at Sriperumbudur in Tamil Nadu.
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