A magisterial court at Danta in Banaskantha district on Monday took the CBI chargesheet in the 2006 Tulsiram Prajapati encounter case on record but remained undecided on the issue of its jurisdiction.
The hearing for deciding on the jurisdiction and taking cognisance of the chargesheet will be on September 15.
Suspended IPS officer Rajkumar Pandian and retired IPS officer O P Mathur have objected to CBI filing the chargesheet before the Danta court and not before the special CBI court in Ahmedabad. Mathur moved his application before the court on Monday contending it had no jurisdiction and the only option before it was to drop the chargesheet. The court will hear the application on September 15.
Earlier in the day,the court of magistrate Gita Ahir decided to take the chargesheet on record and assign a number to it,overruling an objection by Pandians lawyer.
Both Pandian and Mathur were named as accused in the case by the CBI in its supplementary chargesheet submitted before the Danta court on September 4.
Former minister of state for home Amit Shah,former DGP P C Pande,additional DGP Geetha Johri and the former investigating officer in the case DySP R K Patel have also been named as accused.
Prajapati was killed in an alleged police encounter by a joint team of Gujarat and Rajasthan police in December 2006 near Chhapri village of Banaskantha district. A number of police officers have been arrested in the case by Gujarat CID (Crime),including the then Banaskantha SP Vipul Agrawal and the former state ATS chief D G Vanzara. The case was transferred to CBI by the Supreme Court on a petition moved by Prajapatis mother Narmada Bai in April last year.