The Central Bureau of Investigation on Thursday told the Madras high court that fresh probe into Rajiv Gandhi assassination case could be not done based "only on allegations without fresh materials supporting them."
T Punithamani, Senior Superintendent of Police, Multi- Disciplinary Monitoring Agency said in his additional counter affidavit filed in the Madurai Bench in response to a PIL by an advocate V Santhakumaresan seeking reinvestigation into the assassination.
The MDMA comprises experts from CBI and other agencies.
He said the agency was re-investigating certain averments made in the PIL, and it was in progress and being monitored by TADA court at Chennai.
The status report regarding it was being given to the court during "in-camera" proceedings.
He contended that the petitioner had not acquainted himself with the proceedings of the Commissions of Inquiry appointed by the government on various aspects relating to the assassination, which would have thrown light on the various grounds now raised by the petitioner.
He said the petitioner also did not have locus standi to file such a petition, as he was not an affected party. He was more concerned about the condemned prisoners in the assassination case -- Santhan, Murugan and Perarivalan, who were awaiting execution of death sentence confirmed by the Supreme Court. Their clemency petitions were rejected by the President.
The SSP earlier in his main counter told the court that there was no need for ordering reinvestigation into the case as some former CBI officers and a few judges who had dealt with the case had now made controversial statements to the media.
The views expressed by former officers were not legally valid. "Some persons are issuing statements in their vested interest and cheap popularity, Punithamani contended, and pointed out that the MDMA was constituted by the Centre in December 1998, as a unit of the CBI for monitoring, coordinating and investigating the issues arising out of the Memorandum of Action Taken and Final Reports of the Jain Commission of Inquiry which probed into the assassination.
Justices R Sudhakar and V M Velumani on Tuesday, ordered the Research and Analysis Wing and External Department Secretary to file a counter. But both had not filed their counter and instead the SSP filed the additional counter on Thursday.