The Supreme Court on Monday issued notice to Gujarat Police DSP (CID) NK Amin on the state government’s petition challenging the anticipatory bail granted to him by an Ahmedabad court in the fake encounter case.
A bench of Justices Tarun Chatterjee and PK Balsubramanyan asked Amin to respond to the petition by Friday. The state government has sought setting aside of the sessions court order granting anticipatory bail to Amin, who has been specifically accused of supervising the disposal of the body of Kauser Bi, the wife of fake encounter victim Sohrabuddin Sheikh. It is alleged that he was present till the end of her cremation.
The bench did not accede to the request of senior counsel L Nageshwar Rao not to issue the notice without hearing him, as it would affect his chances of getting regular bail after adverse media publicity. “Don't bother at this stage we will hear your contention on Friday and then decide,” the Bench said.
The Gujarat government moved the Supreme Court for cancellation of Amin’s bail after it came under attack from the victim’s family and amicus curiae Gopal Subramanium who alleged that the prosecution did not oppose the grant of anticipatory bail to the DSP. They had accused the state government of failing to take appropriate steps when the trial court rejected the police plea for Amin’s custodial interrogation.
The state said in its appeal that Amin is facing charges of tampering with evidence and pressuring the witness to turn hostile and therefore he was required for interrogation.