The Supreme Court on Friday reserved its verdict on the Gujarat government's petition seeking cancellation of anticipatory bail granted to state police DSP (CID) NK Amin by an Ahmedabad court in the fake encounter case.
A bench headed by Justice Tarun Chatterjee reserved the order after hearing senior counsel KTS Tulsi on behalf of the Gujarat government and senior advocate L Nageshwar Rao for Amin, who contended that the Supreme Court could not have heard the state's special leave petition (SLP) as there was an alternative remedy available in law i.e. to approach the High Court.
Tulsi submitted that Amin's custodial interrogation was needed to unravel the conspiracy as his earlier interrogation was a farce. "The manner in which he made himself available for interrogation was as if he was not an accused… He used to make and receive phone calls and record statements at his will," Tulsi said.
However, Rao contested the state's submission saying Amin had already been interrogated on several days by the investigating team. He defended the session court's order being sound and perfectly in accordance with the norms prescribed under Section 438 of the Criminal Procedure Code. He also alleged that the investigators exerted pressure on him to toe their line and implicate the senior police officers arrested in the case.
Amin has been accused of being a part of the conspiracy to eliminate encounter victim Sohrabuddin's wife Kauser Bi and dispose of her body. It is alleged that he supervised her cremation. Sohrabuddin was killed in a fake encounter in November 2005.
The Gujarat government had 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.
The 13 police officials including three senior IPS officers - D G Vanzara (DIG), RK Pandian (both Gujarat cadre) and Dinesh MN of Rajasthan cadre have been chargesheeted in the case.
The court posted for Monday the petition filed by Sohrabuddin's brother Rubabuddin.