'The draft recommends not exercising (the court's) investigative authority because probes are already underway by the competent authorities,' Gongora said Tuesday on his Facebook page.

On Thursday, the justices decided against Aguirre's recommendations, voting 8-3 to create a panel to investigate whether serious rights violations occurred in the ABC fire, Mexico City daily El Universal reported.

The investigation into the blaze has shown that the owners of the day care ignored several official warnings concerning safety problems at the facility.

However, complaints that the investigation is being marred by corruption and impunity have also surfaced since the owners of the establishment were identified by the press to be relatives of prominent politicians.