Though the probe agency has filed a supplementary charge sheet, the court has not taken its cognisance as the CBI did not submit the Home Ministry's nod to prosecute officers named in it.
The statements cannot be taken into account until they become part of court inquiry, the court said.
In the charge sheet, statements of certain witnesses and accused IPS officers allegedly indicated involvement of Shah and Kaushik in the case.
The CBI had also said that there was no evidence against Kaushik to show his involvement in the encounter and so he was made a witness in the case.
The court also observed that the petition of another accused IPS officer, N K Amin, who has sought quashing of the charge sheet in the Ishrat encounter case, is difficult to adjudicate as his application is pending before the Supreme Court.
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