Realising the sensitivity of the case, in which the agency has been asked by the high court in its August 11 order to arrest all persons even without proper verification of the statements against them, a bench headed by Chief Justice Y K Sabharwal stayed the directive which gave investigating officers the liberty to arrest persons without the instruction of his superiors.

“We direct that till next date of hearing the IO will conduct custodial interrogation of such persons he may think fit and on consultation/instruction with the CBI director,” the bench, also comprising of Justice S H Kapadia and Justice C K Thakker, said.

The court issued notices to the Jammu & Kashmir Bar Association and others on the petition filed by CBI challenging the high court order.

The agency has also questioned the procedure adopted by the high court for monitoring the case, in which 18 people including two sitting legislators, who have been former ministers, a BSF DIG, an IAS officer, a former additional advocate general and two DySPs have been arrested.

Solicitor-General G E Vahanvati and Additional Solicitor-General Amrender Sharan mentioned the special leave petition (SLP) contending that the high court order had wide-ranging ramifications and serious implication on various persons and institutions.

The high court, in its order, had said “the CBI shall, without any further loss of time, concretize action, including custodial interrogation, against all persons found involved in terms of material on record.”

Questioning the order, which required the IO not to take instruction from his superiors by branding such instructions as “incompetent”, Vahanvati said the directions which require the IO to treat those by his superiors as ineffective strike at the very root of the criminal justice system of the country. They also go against the Code of Criminal Procedure.

The agency has also objected to taking over of the case diary by the high court for monitoring the case.

The solicitor-general told the court that CBI had already taken action and arrested persons named by Sabeena, whose allegations have been corroborated by other girls/women involved in the case.