Fake encounter case hangs between courts

Which sessions court will take up the much-awaited trial in the Sohrabuddin Sheikh fake encounter case? This question is on everyone8217;s mind ever since Principal Sessions Judge G B Shah assigned the case trial to two senior sessions judges here.

Earlier this week, in an unprecedented order, the administrative court had allotted the case to 8220;Additional Principal Judge Z K Saiyed or to Additional Sessions Judge Sonia Gokani8221;. The order came nearly three months after the case was committed to the sessions court for trial. According to sources, it is the first case of its kind where the court8217;s criminal branch is clueless about where it is supposed to send case papers so that charges could be framed against the accused and the trial initiated. The administrative order apparently gives the department a free hand to do that. A section of legal experts here believe the case papers should first be sent to the court of Saiyed as he is senior to Gokani and directed to the latter8217;s court if only he refuses to conduct the trial. Another section, however, says it is up to the criminal branch to decide, as the order names both the judges.

After being committed to a court a case is allotted a number. The superintendent of the court8217;s criminal branch then forwards a list of all cases to the principal judge, who subsequently allots them to different judges. Criminal branch officials follow the order and send all case papers to the named court and trial gets initiated.