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Sohrabuddin killing case: Will oppose petition challenging discharge of Amit Shah, CBI tells Bombay HC

The PIL, filed by the Bombay Lawyers Association, has described as “illegal, arbitrary and malafide” the CBI’s decision not to challenge the December 30, 2014 order discharging Shah in the case.

Written by Ruhi Bhasin | Mumbai | Updated: January 24, 2018 11:08 am
sohrabuddin fake encounter case, amit shah, cbi to oppose PIL in sohrabuddin case, amit shah sohrabuddin case, indian express A division bench of Justices S C Dharmadhikari and Bharti Dangre posted the matter for further hearing on February 13. (File)

The CBI informed the Bombay High Court Tuesday that it will oppose a public interest litigation filed against the agency’s decision not to challenge a lower court order discharging BJP president Amit Shah in the Sohrabuddin Sheikh alleged fake encounter case.

Meanwhile, hearing a petition filed by an association of Mumbai lawyers that also seeks records from the HC administrative committee on why the CBI judge initially assigned to conduct the trial was transferred, Justice S C Dharmadhikari said, “We leave it to the petitioner but we feel the institution (HC) should be kept out as far as possible. We request counsel (Dushyant) Dave to take an appropriate decision on this.”

The PIL, filed by the Bombay Lawyers Association, has described as “illegal, arbitrary and malafide” the CBI’s decision not to challenge the December 30, 2014 order discharging Shah in the case. Additional Solicitor General Anil Singh, appearing for the CBI, told the High Court: “We are opposing the petition. We also have an issue on the maintainability of the petition. There is no urgency in the matter since discharge order is of December 2014.” He said there is also delay in filing the petition.

Related | Can trial court gag media, asks Bombay High Court

A division bench of Justices S C Dharmadhikari and Bharti Dangre posted the matter for further hearing on February 13. Senior counsel Dushyant Dave, appearing for the petitioner, said the CBI should be asked to file an affidavit specifying their argument on the maintainability of the petition. He said when the Supreme Court decided to transfer the case to Mumbai, it had said the administrative committee of the Bombay High Court would assign the case to a court where the trial may be concluded judiciously, besides asking the committee to also ensure that the trial be conducted from beginning to end by the same officer.

“We all belong to the institution and there is no doubt there is a serious debate on the matter which must be addressed by application of mind by the court. There is no wrong,” Dave said. At this, Justice Dharmadhikari said, “We leave it to the petitioner but we feel the institution should be kept out as far as possible.”

The PIL also stated that the trial court had similarly discharged two Rajasthan Police sub-inspectors Himanshu Singh and Shyam Singh Charan and senior Gujarat Police officer N K Amin. “The petitioner has learnt that the CBI has challenged their discharge before the High Court. This act of the CBI in challenging discharge of the accused persons on selective basis is arbitrary and unreasonable, rather malafide,” the petition stated.

Sohrabuddin, who police said was a gangster, and his wife Kausar Bi were allegedly abducted by the Gujarat ATS from Hyderabad while on way to Sangli in Maharashtra. It was alleged that they were killed in a fake encounter near Gandhinagar in November 2005. In December 2006, Tulsiram Prajapati, a key witness in the case, was also allegedly killed by police at Chapri village in Banaskantha district of Gujarat.

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  1. B
    bangra
    Jan 25, 2018 at 1:40 pm
    The case has been going on for last 15 years or less, no results, still it will go on like 1984 sikh riots and nobody will talk about it anymore.
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      bangra
      Jan 25, 2018 at 11:52 am
      The Mistake of Congress ensuring speedier trial and completing the case, win or lose elections, but justice should prevail, why are we challenging ourselves, dividing minds, hears and tearing apart without knowing the actual facts of the case, Every day we have manufactured truth and who is doing what only the creator knows better, we address RAM, Rahim or Jesus but the all powerful who is watching the evils will bring natural justice one day and nothing can save the people who targetting innocent and turning them to criminals, look at Saddam Hussain of IRAQ or Gaddafi of LIBYA, HITLER, so let us not rejoice for wrong reasons and just visit gods and ensure sins are washed off, Justice will prevail may be not now but will someday and we have to be alarmed. E
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      1. S
        Sudish P
        Jan 24, 2018 at 10:33 am
        And for the seculars, leftists, jnu types sohrabuddin was an angel
        (1)(20)
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        1. S
          SAM
          Jan 24, 2018 at 11:30 am
          FOR PAKISTAN KULBUSHAN JADHAV IS TERRORIST WILL U ACCEPT IF THEY KILL HIM IN ENCOUNTER WITHOUT ANY TRAIL AND WHAT ABOUT HER WIFE KOUSER BI SHE WAS RAPED AND KILLED RULE OF LAND SHOULD PREVAIL....SANGHI DOG ENOUGH OF BARKING FOR A GANGSTER CALLED AMI....
          (5)(0)
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          1. S
            Swami
            Jan 24, 2018 at 12:28 pm
            Saffron's should come to the term that they cannot destroy and dismantle respected Indian Cons ution dian Cons ution which protects rights of its Citizens irrespective of their social status and work. Sohrabuddin may be a Criminal still that did not allow any uniformed person to Kill Him and His wife in cold blood.After all a nexus has been dug out between smugglers Marble lobby (billion's Scam) of Rajasthan and Gujarat along with politicians and police officers.Amit Shah is just one of the stepping stone the main culprit is left for readers to Guess sincerely.
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          2. S
            Sudish P
            Jan 24, 2018 at 10:15 am
            Right
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            1. Khush Sahasi
              Jan 24, 2018 at 9:24 am
              When fence start eating farm produce then who can protect it. CBI is eating justice system. HC must try all accused including Amit Shah. Why give immunity to him?
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