"I will see what evidence is available. I will see the documents," he told reporters here after taking charge as Union Home Secretary.
He was replying to a question whether the CBI has enough evidence to prosecute Kumar for his suspected role in the conspiracy to carry out the alleged fake encounter in which Ishrat Jahan and three others were killed in Gujarat nine years ago.
The Home Ministry has so far maintained that the evidence against Kumar was not sufficient to give sanction to CBI to prosecute Kumar in the alleged fake encounter case.
The CBI has not yet sought sanction from the Home Ministry, which is the cadre controlling authority of IPS officers, to prosecute Kumar.
More From This Section
Officials said CBI was planning prosecute and arrest Kumar after his retirement from service on July 31, without asking of sanction from the Home Ministry.
CBI sources said even in some case of alleged fake encounters in Punjab which were probed by the agency, no sanction for prosecution was needed.