The commission is now examining allegations that police killed the wrong person and that the deceased was a peanut vendor.

The SP counsels submitted there was no mention of Javed's clothes in the First Information Report lodged at the MRA Marg police station after he was killed. However, in a missing complaint lodged by Javed's sister, Rubina, she had described in detail the clothes he was wearing on the day he was last seen. But, when the body was handed over to her it was naked.

The counsels argued that if Fawda was a criminal as the police have been claiming how comethey did not have any information about where he stayed and who his relatives were. Fawda's body was kept in the JJ Hospital morgue as unclaimed till September 2, 1997 when it was claimed by Rubina. The counsels submitted that Abu Sayama alias Javed Abu Talib Shaikh was not Fawda. They also claimed that it was not clearly established as to whether a person called Javed Fawda existed.