New Delhi: The Supreme Court on Thursday declined to order an investigation into the death of Anti-Terrorist Squad chief Hemant Karkare in the 2008 Mumbai terror attacks.
A bench headed by Justice AK Sikri observed that such a plea lacked merit, particularly in view of the fact that one accused, Ajmal Kasab, has been executed following the top court's order.
"We don't see any merit in your petition. It was a terror attack and one of the matters came to this court. This court affirmed death sentence for one convict (Kasab). Now you want us to reopen everything after the case has been duly established. Sorry, we cannot do that," the bench told senior lawyer Indira Jaising.
Jaising was appearing for former IPS officer SM Mushrif, who demanded a probe into ATS officer Karkare's death in the terror attacks.
Mushrif, Karkare's senior in the state police, had come in appeal against an order of the Bombay High Court, wrapping up a petition for the investigation.
Jaising pointed out that the PIL petitioner in the HC has passed away and Mushrif now wanted to take the cause further.
She cited from Mushrif's books in which the former Maharashtra IGP has accused the Intelligence Bureau of deliberately blocking the inputs about the terror attack from Mumbai Police. According to Mushrif, there were serious circumstances warranting a fresh probe into the role of IB as well as some officials in Mumbai Police.
But the bench was not impressed. "You claim some police officers could be involved. You may have your own doubts, but doubts cannot take colour of evidence. There is no question of reopening everything now," the bench told Jaising.
It also questioned how Mushrif could step into the shoes of the PIL petitioner at this stage when the HC has already disposed of the matter.
As Jaising argued that the HC disposed of the petition after giving liberty to take all other recourses available in the law, the bench said it is only upholding the HC order and is not adding or substituting its views.
Mushrif authored Who Killed Karkare-The Real Face of Terrorism in India, and suggested Hindu fundamentalists carried out a major share of terror acts in India since 2005.