HC asks CBI to file Prajapati case chargesheet in special court in city

Five of the accused had objected to CBI filing the chargesheet before Danta court. However,the objections were overruled by the magisterial court presided over by Gita Ahir,which held that it did have jurisdiction over the issue.

Following this,the five accused officers — P C Pande,O P Mathur,Geetha Johri,Rajkumar Pandian and R K Patel — moved the HC challenging the magisterial court’s order. And the said order of the Danta magisterial court was quashed and set aside by Justice R H Shukla of the HC while criticising CBI for deviating from the judicial tradition.

Justice Shukla observed,“High Court and state of Gujarat have formed two special CBI courts by issuing notification on January 11,2002 and since then a series of cases which have been investigated by the agency are filed in these two courts.”

“In this particular case (Tulsi Prajapati),CBI has conveniently preferred to file chargesheet in Danta court,whereas the agency has registered the FIR in the same special CBI court here,” the court further observed.

CBI counsel told the court that they have submitted the chargesheet before the Danta court while considering that the court has jurisdiction over the matter. But,he added,they will abide by the HC’s word if it directed them to submit the chargesheet before the special CBI court in Ahmedabad.