The Hindu : New Delhi News : Centre attacks Gujarat: Sohrabuddin case

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Wednesday, Aug 01, 2007
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Centre attacks Gujarat: Sohrabuddin case

Legal Correspondent

Charge sheet benefits the accused

“No mention of third person who was picked up from the bus”
DSP Amin will be removed from the present post and suspended: Gujarat counsel

New Delhi: The Centre has alleged in the Supreme Court that the Gujarat Government had filed a charge sheet in the ‘Sohrabuddin Sheikh fake encounter case’ after a shoddy investigation to shield the real culprits.

Making this submission before a Bench consisting of Justices Tarun Chatterjee and P.K. Balasubramanyan, Additional Solicitor-General (ASG) Gopal Subramaniam charged the Gujarat Government with filing a charge sheet which would benefit the accused.

Bona fides questioned

Mr. Subramaniam, who is assisting the court as an amicus curiae, questioned the bona fides of the State and its investigating agency in bringing to book the real culprits. Terming it an unacceptable charge sheet, he said, “the charge sheet speaks about Sohrabuddin and his wife Kausar Bi, killed two days after her husband was killed in a fake encounter. But there was no mention of the third person, who was picked up from the bus proceeding to Ahmedabad and killed along with Sohrabuddin and Kausar Bi.”

While in the first information report, the police had said that the third person was Tulsiram Prajapati, in the charge sheet, though there was a reference to one Kalimuddin, “there was no mention about the third person and the police merely said ‘he stands disposed of.’”

The ASG pointed out that Deputy Superintendent of Police (Crime) N.K. Amin, who was witness to the killing of Kausar Bi and who was present when her body was cremated, was granted anticipatory bail.

But the State had not filed any appeal against this order.

Senior counsel K.T.S. Tulsi, appearing for Gujarat, said a revision petition against the trial court’s order granting anticipatory bail to Mr. Amin had been filed and it was still pending.

He said that as the charge sheet was filed now, Mr. Amin would have to seek a regular bail.

He said the State was prepared to file an appeal directly in the Supreme Court (bypassing the Gujarat High Court) if the Bench granted permission — which it gave.

He also assured the court that Mr. Amin would be removed from the present post and be suspended.

The ASG said there was no reference in the charge sheet on the role of seven police officials of Andhra Pradesh, who were part of the joint team that picked up the victims from the bus from Hyderabad to Ahmedabad. They had not been made accused in the case.

“We have to test investigation on some angle. There was something severely amiss in the investigation,” he said. The Bench posted the matter for August 6.

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