Neither the state government nor the trial court can recommend an investigation into the rape-and-murder of the eight-year-old Asifa by the Central Bureau of Investigation, legal experts say.
The High Court and the Supreme Court can order a CBI probe but only after the lower court, where the charge sheet has been filed, completes the trial.
Senior advocate and state BJP chief spokesperson Sunil Sethi said a CBI probe was possible only before the filing of the charge sheet.
The trial court can order further investigation but those orders could be directed to the Crime Branch only.
Jammu Bar Association president BS Slathia said the Supreme Court had ordered a CBI probe into a case in Gujarat even though the charge sheet had been filed.
“But in this case this is not possible,” he said.