The CBI's appeal, which was filed on March 29 and is likely to be heard next week, had also made the IB's joint director a respondent in the case, besides the eight accused cops.
On February 1, a special CBI court had ordered the agency to provide a copy of a classified report prepared by the IB on January 6, 2003, after Jamal was handed over to Gujarat police custody.
The court had also ordered giving a portion of the report after excluding the name and designation of those who could be put in danger if their names are revealed.
The court had also put a pre-condition on the lawyers of the prosecution and the defence that they would not make certain portions of the report public.
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Earlier, the CBI had argued before the court that revealing the IB report's content would threaten "national security".
The genuineness of the encounter became an issue after Mumbai-based former journalist Ketan Tirodkar filed an affidavit before a Mumbai court that he witnessed Jamal being handed over to the Gujarat police by Mumbai police 'encounter specialist' cop Daya Nayak, a few days before the alleged fake encounter.