Ankita Bhandari’s traumatised parents or IO will have to move High Court to seek permission for CBI probe under 173 (8) say senior advocates of Uttarakhand
Govt is not entitled to recommend for CBI probe on its own, as the matter is sub judice
The two leading advocates of Uttarakhand have a similar opinion on the perception about the CBI probe in Ankita Bhandari case as being demanded by every section of the society in and outside Uttarakhand.
The lawyer Senior Advocate GC Sharma has catagorically said that since the matter is prejudiced already in the high Court, the demand for CBI probe from the government’s side is not permissible at all. He was very specific that till the permission is not sought under 173 ( 8) from the honourable court for restarting of the investigation the demand for CBI probe can’t be accepted or recommended.
Advocate Vikesh Negi says that it’s only the Uttarakhand High Court that can accord permission under 173 (8) and for this the traumatised parents of Ankita Bhandari or the Investigating officer of the case need to approach the high Court with a request in this regard to restart the investigations said both the leading advocates of Uttarakhand.
And as such the state government has till now no right or power to recommend for the CBI probe said the learned advocates.
Advocate Sharma says that currently there is no evidence and therefore inadmissible in law about the VIP etc.
As far as the audio recordings etc as evidence are concerned the party will have to elaborate or convince the court which if feels convinced that the evidence are worth inviting re investigation order order for CBI probe then something can be done though it is not that easy said the senior advocate Mr. Sharma while speaking to the media.
