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Chief Metropolitan Magistrate Vinod Yadav accepted the Delhi police plea for securing their voice samples through Central Forensic Science Laboratory experts to ascertain the motive behind creating the CD with their purported conversation on managing a Supreme Court judge in a case.
"In my considered opinion, the present application filed by the investigation agency, is liable to be allowed as securing the voice sample of the aforesaid persons is very vital for further progress of investigation in the matter," the CMM said.
The court also allowed the special cell of the Delhi police to get the voice samples of any other person having bearing in preparation of the CD.
The special cell, in its application, referred to the January 25 order of the court by which the agency was directed to conduct further investigation in the matter.
The court earlier had rejected the police plea for closing the case and had asked it to expeditiously probe the motive behind producing the CD. "The prosecuting agency clearly failed to investigate as to what was the motive of creating such a CD. Was it to malign the complainant (Bhushan) and, in turn, thwart the 'civil society movement' on the Lokpal Bill which he had undertaken or was it a ploy to make the Hon'ble Supreme Court judge to recuse himself from the bench which was hearing the 2G case," the CMM had said.
The case was registered on Shanti Bhushan's complaint that the CD was fabricated in order to defame him. The court had ordered further probe into the matter as the police, in its closure report, had said the CD, having Shanti Bhushan's voice purportedly telling Mulayam Singh Yadav that his son Prashant Bhushan can manage a Supreme Court judge, was a genuine one.
The special cell had in August last year sought court's permission to close the case registered on Bhushan's complaint at the I P Estate police station on April 14, 2011. Bhushan had denied having had any conversation with them.
He had alleged the CD was a "cut-and-paste job" to discredit the campaign for a strong anti-graft Lokpal Bill. The police had sought the closure of the case, saying there was no substantive evidence to prove the offence of forgery (doctoring of the controversial CD), as alleged.