The Central Bureau of Investigation has challenged the special CBI court's reference to the Gujarat High Court to decide the constitutional validity of the application of former Deputy Superintendent of Police Narendra Amin to turn approver in the Sohrabuddin Sheikh-Kausar Bi murder case.
The CBI has filed a petition in the High Court challenging the CBI court's reference.
Admitting the petition, Justice Akil Kureshi on Wednesday ordered the issuing of notices to eight of Mr. Amin's co-accused — including the “encounter specialist,” former DIG D.G. Vanzara — who have opposed their colleague's application to turn approver.
Further hearing in the case has been posted for September 9.
Mr. Vanzara and others had challenged the jurisdiction of the special CBI court in entertaining Mr. Amin's application filed under Section 306 of the Criminal Procedure Code on the grounds that the special court was not authorised to record Mr. Amin's statement under Section 164 of the Cr.PC, compulsory for turning an approver.
The designated CBI judge, A.Y. Dave, had referred the matter to the High court under Section 395 of Cr.PC, stating that the designated court did not have the powers to decide the constitutional validity of Mr. Amin's plea, and had suspended further hearing in the case till the matter was disposed off by the High Court.
The special CBI court also directed the Sabarmati Jail authorities to provide enhanced protection to Mr. Amin.
Mr. Dave issued the order after Mr. Amin informed the court that he had received threats to his life from his co-accused inside the jail.
The CBI had earlier moved a similar application.