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Batla encounter: HC stays CIC's order to reveal post mortems

March 31, 2009 14:57 IST

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The Delhi [Images] high court on Tuesday stayed the Central Information Commission's order directing the police to reveal the post mortem reports of two suspected Indian Mujahideen [Images] terrorists and a Delhi Police inspector killed during the Batla House encounter last year.

Justice S Ravindra Bhat passed the order on a plea of the Delhi Police which maintained that the disclosure of post mortem reports would affect the ongoing investigations into the September 13 serial blasts in the capital.

The court also stayed the order in which the CIC had directed the police to furnish copies of the First Investigation Report against the accused of serial blasts cases under the Right To Information Act.

Advocate Mukta Gupta, appearing for the police, contended that the investigations were still on and the disclosure of post mortem reports, which contained a number of clues, would affect the investigations.

"Two terrorists died and two escaped in the incident (encounter). We are still trailing the absconders. Disclosure of post mortem reports can reveal information regarding kind of weapons used and other things on the basis of which many corroborative evidence can be destroyed," Gupta said while pleading to stay the CIC order passed on March 9.

A suspected Indian Mujahideen terrorist and the prime accused of serial blasts Atif Ameen and co-accused Sajid were killed during the Batla House encounter at South Delhi locality on September 19. The gun-battle also claimed life of inspector M C Sharma

The police had on Monday moved the court challenging the CIC order directing them to disclose the documents relating to the controversial Batla House encounter in New Delhi to a lawyer under the RTI Act.

The Commission, however, had asked the police to expunge the name of the persons who filed the FIR, details of officials involved in encounter and investigations, and doctors who conducted the post mortem of the persons killed during the incident in their RTI reply.

Advocate Prashant Bhushan had demanded copies of FIR and post mortem reports of inspector Sharma and alleged terrorists who were killed during the encounter which took place in South Delhi's Jamia Nagar locality. The encounter had taken place within a week of the serial blasts in the capital which claimed lives of 26 persons and left hundred others injured.

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