Justice Rajiv Shakdher said there is categorical evidence that the photo was morphed and the CBI's contention that there is no substantial evidence, has no credibility.
Additional Solicitor General (ASG) Pinky Anand, appearing for CBI, said Najma Heptulla is was no more the chairperson of the Indian Council for Cultural Relations (ICCR) and that the matter being quite old holds no water today.
"That it is upon ICCR to see who has morphed the photo in question. As far as CBI is concerned we 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 The book was also not circulated and was withdrawn from the market immediately after the issue came to light," ASG said, asking how is petitioner concerned in this matter.
The court, however, asked ASG to supply it, before April 23, the paper book properly flagged showing the relevant documents on which they are relying to establish Heptulla's innocence.
The court maintained that the perusal of the CBI's self contained note submitted earlier, leaves unanswered questions as to what steps were taken in respect of preliminary inquiry and investigation for the morphed photograph.
It had asked for the self-contained note after the CBI had in its earlier reply stated that the allegation against the Union minister could not be "substantiated" due to lack of sufficient evidence.