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This is an archive article published on August 3, 2010

CBI: Did not ask SC to shift case from Gujarat

The Central Bureau of Investigation CBI on Monday told a special court here that it had not asked the Supreme Court to transfer the Sohrabuddin case outside Gujarat,as widely reported by the media....

The Central Bureau of Investigation CBI on Monday told a special court here that it had not asked the Supreme Court to transfer the Sohrabuddin case outside Gujarat,as widely reported by the media.

Seeking a 10-day custody of former state minister Amit Shah,who is in jail in connection with the Sohrabuddin-Kausar Bi killings,for more questioning,CBI counsel K T S Tulsi said he had faith in the court here and so there was no question of seeking transfer of the case outside the state. This question is not there in the status report submitted in the Supreme Court, Tulsi told the court.

Earlier media reports had said that the investigating agency had,while filing its report on the status of investigation in the SC,sought the transfer of the case outside Gujarat. This provided ammunition to Chief Minister Narendra Modi who said that it was an insult to Gujarats judiciary and its lawyers.

Describing the CBI as an extension of the central government,Modi had alleged that the Centre was treating Gujarat as an enemy.

In his submission,Tulsi,however,said that he could think of demanding a transfer of the case if,on a future date,he felt that a smooth trial was not being conducted.

Describing the Sohrabuddin case as one of the worst examples of mockery of law by the custodian of law,Tulsi said it was a rare case involving political leadership,police leadership and a criminal indulging in murder and running an extortion racket. Since the entire power of the police department was with the minister,he must be dealt with more strictly, Tulsi demanded,trying to strengthen his arguments for Shahs remand.

Opposing the demand for remand,Shahs counsel Ram Jethmalani told the court that once the chargesheet was filed,the accused cannot be remanded but kept in judicial custody only. However,he said it was for the court to decide. Jethmalani said the CBI had been given 10 hours to question Shah but they hardly used three hours to interrogate him.

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Stating that Shah was one of the 8220;most honest8221; politicians,Jethmalani said he had been accused of murder and extortion to tarnish his image.

In his response,Tulsi said if senior police official Abhay Chudasma could be remanded in the same case,then why not Shah. He also submitted a sealed cover to the court giving reasons for custodial interrogation of the former minister.

CBI magistrate A Y Dave reserved his judgment for August 4.

 

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