Additional Solicitor General (ASG) Pinky Anand, appearing for Heptulla, informed Justice Rajiv Shakdher that the CBI has not found any evidence to prosecute the minister of Minority Affairs and now ICCR will have to see who did it.
"That it is upon Indian Council for Cultural Relations (ICCR) to see who has morphed the photo in question. As far as CBI is concerned they have not found any basis or evidence to prosecute her... The book was also not circulated and was withdrawn from the market immediately after the issue came to light," ASG said, adding how is the petitioner concerned in this matter.
Earlier, the court had rapped CBI over its failure to find out who allegedly morphed a picture of Azad and Heptulla.
It had said that it is "not clear as to what action CBI has taken to investigate the issue of photo morphing".
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On December 19, 2014, on court's direction, CBI had produced the note in a sealed cover for its perusal, on which the judge had rapped the agency's counsel for not bringing the investigation of the case to its logical conclusion.
Later, the court had asked for the self-contained note after CBI had in its earlier reply stated that the allegation against Heptulla could not be "substantiated" due to lack of sufficient evidence.
The court was hearing a plea filed by Azad's grandnephew Firoz Bakht Ahmed, who had alleged that the morphing was done at the instance of Heptulla when she was heading the Indian Council for Cultural Relations (ICCR).
The controversial photograph, showing Azad sitting with Heptulla after her graduation, was published in an ICCR publication titled "Journey of a Legend, on the life of India's first Education Minister". The publication was later withdrawn by ICCR.