CBI judge Anupam Srivastava reserved the ruling after hearing arguments from senior public prosecutor Hemant Shukla and Saba's lawyer Sunil Srivastava.
The central agency, which probed the August 2011 murder of the Bhopal-based RTI activist, wants to re-examine Parvez and Farooqui, currently in judicial remand, to find out the origin of certain items found in their possession and persons linked with them.
Defending the petition filed on January 10, Shukla said the duo's re-examination was necessary to find out origin of items such as handkerchief, used condom, among others, found in their possession and identity of those involved.
Saba's lawyer filed a five-page reply and opposed the plea, saying re-examination of his client was "illogical and infringement of human rights of a person who is under going trial and living in lock up for the last 8 to 9 months".
"CBI should tell the court whether any person linked with exhibits would be named in the case or will be examined," Srivastava said.
CBI can't compel an accused to make statements against her wish, the defence lawyer argued. He sought to know whether CBI filed its charge sheet under pressure and why it now wants to question the accused again.
"If evidences are not sufficient against Saba, she should be released from jail," he told the court.
Additional SP (CBI) A G L Kaul had earlier told the court that forensic report on the seized items was received after the charge sheet was filed.
Besides Parvez and Farooqui, three other persons, all alleged shooters, have been arrested for the murder.
