SC refuses to hear plea against BJP MPs

The courts refusal compelled petitioner Pushp Kumar Sharma to withdraw his petition for enabling him to approach an appropriate forum.

The Supreme Court Tuesday declined to entertain a plea against BJP MPs Prakash Javadekar and Bhupendra Singh Yadav for allegedly trying to obstruct the probe and trial in the Tulsiram Prajapati fake encounter case.

A Bench led by Justice B S Chauhan said the petitioner,a journalist who claimed to have carried out a sting operation to capture the criminal conspiracy by the MPs,lacked locus (legal standing) since he was neither a complainant nor associated with the criminal case in any other manner.

What is the locus of a third party in a criminal case? We can entertain a plea if the complainant is before us. We cannot entertain such a plea by anyone, said the Bench.

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The courts refusal compelled petitioner Pushp Kumar Sharma to withdraw his petition for enabling him to approach an appropriate forum.

The petition,filed on the basis of a sting operation,alleged that attempts were made by the MPs to impede the trial and judicial proceedings by manipulating the complai-nant with the sole intent to protect Amit Shah,former Gujarat home minister.

He had claimed that he had caught the two parliamentarians on tape discussing how to get blank vakalatnamas (power of attorney) signed by the mother of Tulsiram Prajapati,who was shot dead in an alleged fake encounter in December 2006.

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