Sohrabuddin’s brother set to challenge discharge of accused in encounter case
There is enough evidence on record to warrant framing of charges and for a trial to be conducted against them,” said lawyer Anubha Rastogi, who is representing Sohrabuddin’s brother Rubabuddin Sheikh.
The brother of Sohrabuddin Sheikh has decided to move the Bombay High Court against the orders of a special CBI court to discharge several key figures named as accused in the encounter case.
The special CBI court in Mumbai, over the past several months, has discharged BJP president Amit Shah, Rajasthan Home Minister Gulabchand Kataria, Rajasthan-based businessman Vimal Patni, former Gujarat police chief P C Pande, Additional Director General of Police Geeta Johri, Gujarat police officer Abhay Chudasama and senior office-bearers at Ahmedabad District Co-Operative Bank Yashpal Chudasama and Ajay Patel from the encounter case, which also involves the killings of Sheikh’s wife Kauser Bi and his aide Tulsiram Prajapati.
“We will be filing appeals against the discharge of some key accused in the case. Our main contention will be that this is not the right stage to discharge these accused from the case. At the very least, there is enough evidence on record to warrant framing of charges and for a trial to be conducted against them,” said lawyer Anubha Rastogi, who is representing Sohrabuddin’s brother Rubabuddin Sheikh.
“At this point, I cannot specify the date on which we will be filing the appeal in the Bombay High Court. It could be before the court vacation, or during it. Raising the issue of the failure of the CBI to file an appeal themselves, being the investigation agency, is also in our scheme of things,” said Rastogi.
Questioning the CBI’s “motive” behind not challenging the special court’s orders, Rubabuddin told The Indian Express: “These discharge orders are not correct, and the CBI will have to answer for for why it did not present the case properly in court and later failed to even challenge the discharge orders. The lawyers representing us are proceeding step-by-step and will file appeals against all the discharge orders. We have seen what the trial courts have said and what the Supreme Court has later decided in the Bilkis Bano and Best Bakery cases.”
“The CBI’s motive is quite clear in this; it is to shield Amit Shah and the other accused. It is singing its master’s tune. Even the Supreme Court has called it a caged parrot,” Rubabuddin added.
Source:: Indian Express