The Hindu : Front Page : Sohrabuddin case: fresh probe by CBI sought

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Tuesday, Aug 14, 2007
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Sohrabuddin case: fresh probe by CBI sought

J. Venkatesan

There are several missing links in charge sheet, Supreme Court told

New Delhi: Pointing out that there are several missing links in the charge sheet filed by the Gujarat police in the ‘Sohrabuddin Sheikh encounter death case’, Additional Solicitor General Gopal Subramaniam has asked the Supreme Court to order a fresh probe by the CBI.

Appearing as amicus curiae to assist the court in the petition seeking a CBI probe into the encounter death, Mr. Subramaniam told a Bench of Justice Tarun Chatterjee and Justice P.K. Balasubramanyan, that the investigation was a mockery as the motive behind the killings had not been established. The vehicle in which Sohrabuddin was travelling had not been seized. No attempt was made to establish the circumstances in which Kausar Bi, wife of Sohrabuddin, was burnt to death except a statement that she was killed and her body was burnt.

There was no mention about the seven police officers who accompanied the Gujarat police from Hyderabad to Ahmedabad along with Sohrabuddin and Kausar Bi, he said “it is impossible to believe that an honest investigating agency would not have been able to discover the identity of the seven police personnel and their involvement in the crime.”

Huge gap

He said: “There is a huge gap in the investigation as regards the killing of Kausar Bi. According to the charge sheet on November 26, 2005, Kausar Bi was last seen in the company of the anti-terrorist squad. There is no mention or investigation about what happened to Kausar Bi till 7 p.m. on November 29, 2005. When she re-surfaces again in the evening of November 29, her body is being taken for cremation.”

He said that “there is a strong case for further investigation under the supervision of the Supreme Court.” From a scrutiny of the charge sheet it was seen that the investigation conducted by the State machinery had been found to be far from satisfactory. Appearing for Gujarat, senior counsel K.T.S. Tulsi said “once the charge sheet is filed, the monitoring of the investigation by the apex court should stop. Tearing of a charge sheet to pieces will become counter productive. It is not a weak charge sheet as alleged by Mr. Subramaniam.” Further arguments will continue on August 20.

Allowing an appeal filed by the Gujarat Government, the Bench cancelled the anticipatory bail granted by a trial court in Gujarat to N.K. Amin, a senior police officer.

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