First Bench comprising Chief Justice Sanjay Kishan Kaul and Justice M.Sathyanarayanan rejected the petition by J.Mohanraj, son of late Janata party leader Nellai Jabamani and a member of the Special Investigation Team of CBI that probed the assassination of Gandhi by an LTTE suicide bomber on May 21, 1991 at Sriperumbudur near here.
"In view of the stand taken by the Director of CBI that they are probing into the role played by Kumaran Pathmanabhan and the final report that would be filed in due course may also reveal the role played by the concerned persons, it is premature on the part of this court to issue a mandamus directing the CBI to consider and dispose of the petitioner's representation," the bench held.
It also quoted the observation made by the then First bench which dismissed the above petition that as a police officer Mohanraj should have brought those facts to the notice of the higher authorities.
"The special leave petition filed by the petitioner before the Honourable Supreme Court against the above order was dismissed at the admission stage itself," it noted and dismissed the present petition.