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5. Mr. Tirmizi, learned Advocate for the petitioners submitted that in view of the DNA report, further investigation is required to be carried out by CBI. He submitted that there were several discrepancies in the investigation carried out by the State Police Authorities and therefore it would be appropriate if the investigation is entrusted to CBI. He submitted that the presence of original clothes on the skeletons of the dead would go to show that post mortem was not performed by the State Authorities and the CBI was also not permitted to do so. He further submitted that the fact that the bodies were buried in forest land and not on waste land also would go to show that the Authorities want to hush up the matter.

6.6 Mr. Trivedi pointed out that the earlier order passed by this Court on 28.12.2005 only refers that if needed the CBI can approach this Court. The CBI received the DNA Report, which was conducted at Hyderabad and not at Gandhinagar. The report was submitted way back in May 2006 and till today they have not approached this Court for transferring the case.

6.7 According to Mr. Trivedi, as per the DNA report, the skeletons of the dead bodies have completely been contaminated because of microbial bacterial contamination and therefore the DNA test was not feasible on the skeletons. Though identification was difficult, dead bodies of 6 individuals have been identified.

8.2 Another ground on which the petitioners seek transfer of investigation to CBI is the DNA report dated 3.5.2006 of Centre for DNA Fingerprinting And Diagnostics i.e. CDFC, Hyderabad given pursuant to the interim order dated 29.12.2005 passed by this Court. The said report came to be placed before this Court pursuant to the order dated 24.11.2006. The contention of the petitioners is that as per the said DNA report, analysis of only six DNA profiles prepared from skeletal remains could match with the DNA profiles prepared from blood samples of living individuals and that, therefore, it proves that remaining skeletons of 14 bodies were not that of the deceased victims of C.R. No. I 11/2002 and hence 14 persons who died in 2002 during the course of the riot are missing and therefore this aspect would call for transfer of investigation to CBI. For this purpose, the petitioners very vehemently relied upon the following observations of this Court in the interim order dated 29.12.2005:

... But if it is found that dead bodies or any one of such dead bodies is not accounted for in connection with any of two earlier incidents, then it may lead to new case and, therefore, the scope to investigate the crime de-novo qua that is there....
As against the aforesaid submission of the petitioners, it was contended on behalf of the State that it was a misreading of DNA report by the petitioners. According to the State, CDFD, Hyderabad, could do the matching only in six cases since such a matching was not possible in the remaining cases because of degradation and decomposition of the dead bodies, more particularly in view of bacterial contamination in DNA. In this connection Mr. Trivedi has relied upon the following portion of the said DNA report: