"The petition is dismissed," Justice M L Mehta said and did not allow the plea to re-open the case relating to the death of Havildar Ram Swaroop.
The court's decision came on the petition of Anguri Devi, wife of Swaroop, seeking re-opening of the investigation claiming the post-mortem report, which is now available to her under the Right to Information Act, suggested 39 injuries on his body.
The widow said her husband was brought dead at the Base Hospital on the night of September 30, 1978, under mysterious circumstances.
In the Samba spy case, 41 Army officers were allegedly charged with spying activities and passing on information about the troop movement to others, the petition said.
Firstly, a constable of Delhi Police informed the widow that Ram Swaroop's body had been found, the petition had said, adding that later the army retrieved the body and "disposed it of by performing the last rites in the late hours under the supervision of army officers."
Seeking to revisit the case, the petition said as the post mortem report is available, the court may order "registration of FIR ...And transfer investigation to CBI or to a Special Investigation Team (SIT)."
Ram Swaroop was allegedly killed in custody after being detained by the officers of military intelligence on August 26, 1978, in connection with the Samba Spy case.