PIL in Bombay HC calls for CBI to challenge Amit Shah’s discharge in Sohrabuddin encounter case

The Bombay Lawyers Association (BLA) has filed a Public Interest Litigation (PIL) in the Bombay High Court praying that the Central Bureau of Investigation (CBI) be directed to challenge Amit Shah’s discharge by a Special CBI court in the Sohrabuddin encounter case..The petitioners, represented by advocate Ahmed Abdi, have contended that the CBI chose to challenge the discharge of three accused police officers in the case in 2014, but failed to challenge the discharge of Bharatiya Janata Party (BJP) President Amit Shah. This, they have contended, is “arbitrary” and “reeks of malafide”..“The trial court has 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 CBI has challenged their discharge before this Hon’ble Court. This act of CBI of challenging discharge of the accused persons on selective basis is arbitrary and unreasonable, rather malafide.”.Further, they have contended that the discharge of Amit Shah by the trial court was erroneous, considering the fact that the Supreme Court had allowed the transfer of the case from Gujarat to Maharashtra after considering the report of the CBI..“According to CBI, it had incontrovertible material and circumstances to establish the charges against Amitbhai Shah, which were accepted by the Supreme Court while deciding the Transfer Petition (Crl.) No. 44/2011…...Section 227 of the Code of Criminal Procedure, 1973 provides for discharge of an accused for the reason of absence of sufficient ground for proceeding against him. The final report alongwith records of the case was produced by the CBI before the Supreme Court. The same was considered and accepted by the Supreme Court while passing the order for transfer of the case. Records of the case discussed in said judgment clearly establishes that there was sufficient ground to proceed against Shri Amit Shah. As such, order dated 30/12/2014 passed by the trial judge was clearly erroneous. The CBI ought to have challenge said order before this Hon’ble Court.”.The PIL also questions the transfer of the judge originally assigned to hear to the case by an Administrative Committee of the Bombay High Court, which the petitioners claim is violative of the orders passed by the Supreme Court in 2012..“The said cases were originally assigned to Shri J.T. Utpat, Special Judge, CBI, Mumbai. However, in June 2014, he was transferred to Pune and replaced by another Judge Shri B.H. Loya. The said act of transferring the judge, hearing Sohrabuddin case was in direct breach of the order dated 27/09/2013 passed by the Supreme Court. Therefore, it is just, necessary and proper that this Hon’ble Court be pleased to call for the minutes of Administrative Committee of this Hon’ble Court wherein decision to transfer the Judge Shri J.T. Utpat was taken to ascertain whether the same was just, reasonable and proper.”.Subsequently, Judge Loya passed away, and the case was heard by Judge MB Gosavi, who allowed Amit Shah’s discharge application..The petitioner has prayed for a direction to be issued to the CBI to file a criminal revision application challenging the December 2014 order passed by the Special CBI Judge, Mumbai, discharging Amit Shah from the case..The petitioner has also prayed for a direction to be issued to the Administrative Committee of the High Court to produce the minutes of the meeting wherein the decision to transfer Judge JT Utpat was taken..Read the petition below.