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Fake encounter hearing may get delayed

india Updated: Aug 21, 2007 01:46 IST
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There appears to be no early decision from the Supreme Court on the Gujarat fake encounter case. Justice PK Balasubramanyan, one of the judges on the bench, hearing the case is due to retire on August 28, 2007 even before pronouncement of the judgment on the petition filed by encounter victim Sohrabuddin Sheikh’s brother Rubabuddin. Sheikh, brother of Sohrabuddin Sheikh. Sohrabuddin was killed in a fake encounter in November 2005.



Now the matter will go to Chief Justice of India KG Balakrishnan for naming another judge to be part of a new bench with Justice Tarun Chatterjee, who has been hearing the case for several months along with Justice Balasubramanyan.



In fact the bench was scheduled to complete the hearing on Monday or latest by Friday so that the judgment could be pronounced by August 28. It wanted senior counsel Dushyant Dave, representing Rubabuddin, to finish his arguments by 4 pm. But Dave told the bench that he would take at least two days and that it would not be possible for him to do justice with the case in less than that time. This forced the bench to send the matter to the CJI in view of Justice Balasubramanyan's imminent retirement.



As Dave submitted that he would not be able to complete his arguments on Monday, senior counsel KTS Tulsi accused him of indulging in filibustering to prevent an early disposal of the case. This infuriated Dave and the two counsel indulged in a heated exchange of words.



Committee on Taj



The Supreme Court on Monday asked Archaeological Survey of India (ASI) to suggest names of experts who can be part of a committee, which will conduct a study to decide on how many visitors, can enter Taj Mahal at one go. The direction came after ASI’s advocate; solicitor general GE Vahanvati said he had no objections to the amicus curae’s suggestion to limit the tourist


entry in the entire complex.