Kotkhai rape: HC releases affidavits filed by cops to CBI

Shimla, September 20

The High Court on Thursday allowed the application filed by the CBI for seeking affidavits filed by police officials who had initially conducted the investigation into the rape and murder of a 16-year girl from Kotkhai and the custodial death of an accused.

Releasing the affidavits of police officials, a Division Bench comprising acting Chief Justice Sanjay Karol and Justice Sandeep Sharma observed, “We clarify that the affidavits were taken on record only for ensuring that the officers not only fully cooperate, but also disclose all such facts, which were well within their knowledge, to the investigating agency. After all, one of the accused had died in the police custody. Why truth should not be made known to all?”

It further observed, “The power of the High Court as a court of record and by way of an extraordinary writ jurisdiction is extensive. Necessarily and dutifully, they are required to be exercised and applied only to advance the cause of justice. Conscious of such fact, we had directed the police officials to place on record the affidavits.”

On August 18, 2017, the court had directed eight police officials, including Inspector General of Police Zahoor Zaidi, to file the affidavits in a sealed cover, narrating the facts which came to their knowledge during the course of investigation so conducted by them or in any manner while dealing with the FIR registered at the Kotkhai police station.

It was further directed by the court that they would also disclose such facts which had otherwise come to their knowledge in connection with the crime and also the basis which led to the conclusion of the alleged complicity of all accused, including the one who died in the police custody .— OC