ADDITIONAL SOLICITOR General Anil Singh, appearing for the CBI, on Tuesday told the Bombay High Court that the PIL filed by Bombay Lawyers Association (BLA) against the agency’s decision not to challenge the trial court’s order discharging BJP national president Amit Shah in the alleged Sohrabuddin Shaikh fake encounter case, is a “publicity litigation not a public interest litigation”.
The petition has termed the CBI’s decision as “illegal, arbitrary and malafide” to not challenge the December 30, 2014 order, passed by a court discharging Shah. Singh on Tuesday told the Division Bench of Justice Ranjit More and Justice Bharati H Dangre that he has preliminary objection on the maintainability of the petition. He added that before this, a revision petition was filed by Sohrabuddin’s brother, challenging the discharge granted by the trial court, which was withdrawn. Later, two similar petitions were filed. While one was withdrawn, the other was dismissed, said Singh.
The petitioner’s lawyer, Ahmad Abdi, told the court that Singh should file his reply. To this, Singh said that he will argue before the court instead of filing a reply. Abdi told the court if CBI has challenged the discharge of other accused police officers, then why not Shah’s. “Why such discrimination?” he asked.
The court will hear the matter next on October 3.