Bharatiya Janata Party president Amit Shah during the winter session of Parliament in New Delhi.(PTI file)
Bharatiya Janata Party president Amit Shah during the winter session of Parliament in New Delhi.(PTI file)

Sohrabuddin encounter case: CBI to oppose PIL over Amit Shah’s discharge

The PIL termed as illegal, arbitrary and malafide the CBI’s action of not challenging the 2014 order of a special CBI court discharging Amit Shah in the Sohrabuddin Shaikh alleged fake encounter case.
By HT Correspondent | Press Trust of India, Mumbai
PUBLISHED ON JAN 23, 2018 02:18 PM IST

The CBI on Tuesday said it will oppose the PIL filed in the Bombay High Court against the agency’s decision not to challenge a lower court order discharging BJP president Amit Shah in the Sohrabuddin Shaikh alleged fake encounter case.

The public interest litigation, filed by the Bombay Lawyers Association last week, termed as “illegal, arbitrary and malafide” the CBI’s action of not challenging the December 30, 2014 order of a special CBI court here discharging Shah.

“We are opposing the petition. We also have an issue on the maintainability of the petition. The discharge order is of December 2014...there is an issue of limitations,” CBI counsel Anil Singh said in the high court.

A division bench of Justices SC Dharmadhikari and Bharti Dangre on Tuesday posted the petition for arguments on February 13 after the CBI counsel sought time.

Senior counsel Dushyant Dave, appearing for the petitioner, pointed to the bench that the PIL has also sought records from the high court administrative committee on why the CBI judge, who was initially assigned to conduct trial in the case, was transferred.

The Supreme Court had earlier shifted the trial in the case from Gujarat to Mumbai, and said it should be conducted and concluded expeditiously, Dave told the high court.

“The Supreme Court had said that the administrative committee of the high court would assign the case to a court where the trial may be concluded judiciously, in accordance with the law, and without any delay,” said the petition.

“The apex court had said that the administrative committee would also ensure that the trial should be conducted from beginning to end by the same officer,” it said.

To this, Justice Dharmadhikari said, “We leave it to the petitioner but we feel the institution (HC) should be kept out as far as possible. We request counsel Dave to take an appropriate decision on this.”

The PIL has urged the high court to issue a direction to the CBI to file a revision application challenging the sessions court’s order discharging Shah.

“The CBI is a premier investigating agency. It has the public duty to observe the rule of law in its action which it has miserably failed,” the petition said.

It submitted that the trial court had similarly discharged two Rajasthan Police sub-inspectors Himanshu Singh and Shyam Singh Charan and senior Gujarat Police officer N K Amin.

“The petitioner has learnt that the CBI has challenged their discharge before the high court. This act of the CBI in challenging discharge of the accused persons on selective basis is arbitrary and unreasonable, rather malafide,” it alleged.

Sohrabuddin Shaikh, who the Gujarat police claimed was also a terrorist, was killed in an alleged fake encounter by the Gujarat and Rajasthan police along with his wife Kauser Bi in November, 2005.

The CBI took over the probe into the case in February, 2010 and filed its charge sheet in July the same year against 23 accused, including Amit Shah, who at that time was minister of state for home in Gujarat.

The trial court over a period of time discharged several accused in the case, including three IPS officers.

SHARE THIS ARTICLE ON
Close
He said that in light of recent developments, the CM had lost credibility and he is not fit to continue in power.(ANI Photo)
He said that in light of recent developments, the CM had lost credibility and he is not fit to continue in power.(ANI Photo)

Amit Shah attacks CM over gold smuggling case

By Ramesh Babu, Hindustan Times, Thiruvananthapuram
PUBLISHED ON MAR 08, 2021 03:40 AM IST
  • Addressing the concluding session of Bharatiya Janata Party (BJP) state president K Surendran’s “Vijay Yatra” in the state capital, Shah posed five questions to the CM.
Close
MK Stalin said he aspired to bring Tamil Nadu among the top three agricultural states in terms of cash crops.
MK Stalin said he aspired to bring Tamil Nadu among the top three agricultural states in terms of cash crops.

DMK finalises seat-sharing deal with seven allies in TN

By Divya Chandrababu, Hindustan Times, Trichy
PUBLISHED ON MAR 08, 2021 03:37 AM IST
  • Addressing a state conference for its cadres on the outskirts of Trichy, Stalin said a DMK government will give 1,000 every month to housewives and create a million jobs every month.
Close
Tewari, one of the 23 leaders who wrote a letter to Congress president Sonia Gandhi seeking internal reform in the party, addressed the Kerala meeting at the invitation of the Congress’s ally, Indian Union Muslim League.
Tewari, one of the 23 leaders who wrote a letter to Congress president Sonia Gandhi seeking internal reform in the party, addressed the Kerala meeting at the invitation of the Congress’s ally, Indian Union Muslim League.

After Jammu G23 meet, Tewari hits campaign

By HT Correspondent, Hindustan Tmes, New Delhi
PUBLISHED ON MAR 08, 2021 03:17 AM IST
  • The meeting came a week after Tewari and other letter writers, the group has been tagged the G23, addressed a meeting in Jammu in honour of retired MP Ghulam Nabi Azad.
Close
In Puducherry, where the party lost power weeks ago, 70 people have hit the ground with the same goal.(PTI)
In Puducherry, where the party lost power weeks ago, 70 people have hit the ground with the same goal.(PTI)

Over 300 people try to gauge mood for Cong in TN, Kerala

PUBLISHED ON MAR 08, 2021 03:12 AM IST
  • In Tamil Nadu, the Congress is in alliance with the Dravida Munnetra Kazhagham (DMK).
Close
Maharashtra, Kerala, Punjab, Karnataka, Gujarat and Tamil Nadu were identified by the Centre as the six regions that have seen a rise in new cases in the recent weeks.(REUTERS)
Maharashtra, Kerala, Punjab, Karnataka, Gujarat and Tamil Nadu were identified by the Centre as the six regions that have seen a rise in new cases in the recent weeks.(REUTERS)

6 states continue to record spike in Covid cases: Centre

By Rhythma Kaul, Hindustan Times, New Delhi
PUBLISHED ON MAR 08, 2021 01:22 AM IST
  • The observations from the Union health ministry come a day after the country reported the largest single-day increase in new Covid-19 infections in two months.
Close
Union minister Smriti Irani addresses a press conference, in New Delhi. (PTI)
Union minister Smriti Irani addresses a press conference, in New Delhi. (PTI)

‘Women are not pleading, they are leading’: Smriti Irani

By Vinod Sharma, Hindustan Times, New Delhi
UPDATED ON MAR 08, 2021 12:53 AM IST
  • Smriti Irani says, "I’m the only female politician who’s also recognised by her former vocation. I recognise the bias in that."
Close
Another senior official said on condition of anonymity that the second half of the session, which starts on Monday, may run for just two weeks.(PTI)
Another senior official said on condition of anonymity that the second half of the session, which starts on Monday, may run for just two weeks.(PTI)

2nd half of Budget session may be cut short due to state polls

By Saubhadra Chatterji, Sunetra Choudhury, Hindustan Times, New Delhi
UPDATED ON MAR 08, 2021 12:40 AM IST
  • An official said that both Houses could meet at 11 am from the second week following the vaccination of eligible MPs.
Close
Bodies of the man and his son were found in the house while the bodies of the three woman were found near the house, the official added.
Bodies of the man and his son were found in the house while the bodies of the three woman were found near the house, the official added.

Five of family found dead in Chhattisgarh

By Ritesh Mishra, Hindustan Times, Raipur
PUBLISHED ON MAR 08, 2021 12:27 AM IST
  • A suicide note found at the spot said they took the decision because of acute financial distress, an official said.
Close
Parliament in September 2020 approved an Ordinance promulgated in June to improve revenue from the mining sector and the Centre now wants states to carry out these changes too.(REUTERS)
Parliament in September 2020 approved an Ordinance promulgated in June to improve revenue from the mining sector and the Centre now wants states to carry out these changes too.(REUTERS)

Govt plan to take over mine auctions faces opposition from a few states

By Chetan Chauhan, Gerard de Souza, Hindustan Times, New Delhi, Goa
PUBLISHED ON MAR 08, 2021 12:21 AM IST
  • The changes have been opposed by some states who see it as another attempt by the Centre to take over mining auctions and impose central rules on a state domain.
Close
India must rapidly build and nurture grassroots-based habitat monitoring and governance.(Representational Photo/HT File)
India must rapidly build and nurture grassroots-based habitat monitoring and governance.(Representational Photo/HT File)

India must strive to catch the ecological bus

By Bharati Chaturvedi, Hindustan Times, New Delhi
PUBLISHED ON MAR 08, 2021 12:16 AM IST
  • A re-invigorated biodiversity management policy is India’s survival strategy. At this point in our development trajectory, we don’t pay any heed to either biodiversity or landscape conservation.
Close
Satellite image of NASA's Fire Information for Resource Management System of forest fires.(Courtesy- NASA)
Satellite image of NASA's Fire Information for Resource Management System of forest fires.(Courtesy- NASA)

Early summer, lack of rain spark fires

By Jayashree Nandi
PUBLISHED ON MAR 08, 2021 12:10 AM IST
  • According to Forest Survey of India’s forest fire alert system, there were 2,317 fire points last year between February 26 and March 7, but the figure rose to 53,211 this time after data from the Suomi National Polar-orbiting Partnership (SNPP) was taken into account.
Close
Selvi at the age of 32 rappelled down blindfolded from a 155 feet high rock mountain in a Tamil Nadu village(Representative Image )
Selvi at the age of 32 rappelled down blindfolded from a 155 feet high rock mountain in a Tamil Nadu village(Representative Image )

Woman, 32, mother of two rappels down 155-feet mountain blindfolded in 58 sec

ANI, Kancheepuram
UPDATED ON MAR 07, 2021 11:54 PM IST
The record was entered in the UNICO Book of World Records and was certified by an official adjudicator R. Sivaraman.
Close
The incident took place in Transit Camp Colony of Rudrapur on February 19, 2019, when the boy went missing, Gupta said.(HT file photo)
The incident took place in Transit Camp Colony of Rudrapur on February 19, 2019, when the boy went missing, Gupta said.(HT file photo)

24-yr-old man gets death for rape, murder of 5-yr-old boy

By HT Correspondent, Hindustan Times, Rudrapur
UPDATED ON MAR 08, 2021 12:56 AM IST
Special Pocso judge Vijay Laxmi Vihan also awarded four years of imprisonment to the father of the accused and three years to his mother for concealing the crime, Vikas Gupta, special assistant district government counsel, said.
Close
A charge sheet against the man was also filed in April 2018, prompting him to approach the Allahabad high court for getting the FIR quashed.(Sonu Mehta/HT PHOTO)
A charge sheet against the man was also filed in April 2018, prompting him to approach the Allahabad high court for getting the FIR quashed.(Sonu Mehta/HT PHOTO)

Every breach of promise to marry doesn’t mean rape: SC

By Utkarsh Anand, Hindustan Times, New Delhi
UPDATED ON MAR 08, 2021 01:05 AM IST
An SC bench of justices Dhananjaya Y Chandrachud and MR Shah elucidated the legal position while exonerating a 30-year-old man of the rape charge under Section 376 of the Indian Penal Code.
Close
HT Image
HT Image

Women are not pleading, they’re leading: Smriti Irani

By Vinod Sharma
PUBLISHED ON MAR 07, 2021 10:57 PM IST
New Delhi: On the eve of the International Women’s Day, union minister for women and child development Smriti Irani spoke to HT on the challenges and opportunities the women have in the country, her role as a minister and the BJP’s battle axe against the Congress
Close
SHARE
Story Saved
OPEN APP