Even as the former Gujarat Minister, Amit Shah, accused the Central Bureau of Investigation of falsely implicating him in the Sohrabuddin fake encounter case, the Supreme Court on Tuesday made it clear that it would not take on record any material arising out of the sting operation, in which the CBI was shown to have obtained statements from witnesses. A Bench of Justices Aftab Alam and R.M. Lodha expressed reservations about considering the fresh material produced as evidence from the sting operation.
(Sohrabuddin Shaikh, an extortionist, was killed in a fake encounter near Ahmedabad on November 26, 2005. Three days earlier, the police whisked away Sohrabuddin and his wife Kausar Bi, who had been travelling by bus from Hyderabad to Sangli in Maharashtra. Two days after the encounter, Kausar Bi was also killed.)
Justice Lodha told senior counsel Ram Jethmalani, appearing for Mr. Shah: “I have strong reservations about taking it on record. Why are you bringing new material? You have enough material to argue the case. In a politically sensitive case like this, these things would keep coming. If we adjourn the matter for another 10 days, then again new material would come out.”
Mr. Jethmalani said the sting operation, done when Mr. Shah was in jail, exposed the CBI, whose charge sheet would have no basis had the contents of the sting operation been taken on record. He wanted the court to scrutinise the material.
The Bench, however, refused to take the CD of the sting operation and its transcript on record but gave counsel the liberty to make submissions.
The sting operation showed Sohrabuddin's brother Nayimuddin as saying that the CBI wrote his statements as per its will, wrote things which the agency was not told, and that he was threatened at the behest of Mr. Shah.
It was pointed out that from Nayimuddin's talks some “mysteries” were revealed, viz., the CBI, on its own, wrote some portion of his statements and that he was threatened by Shah.
Senior counsel M.N. Krishnamani appeared for the State.
The Bench, while requesting senior advocate Gopal Subramaniam, who recently resigned as Solicitor-General, to continue to assist the court as amicus curiae, asked senior counsel K.T.S. Tulsi, appearing for the CBI to withdraw from the case. For, he had appeared for Gujarat in the Sohrabuddin case in an earlier round.
Justice Alam told Mr. Tulsi: “To be very honest with you, I do not think it is proper for you to appear in the case. You are a very senior member of the Bar. The State government might not have objected to your appearance but it is not proper for you.”
Mr. Tulsi agreed to withdraw from the case and said alternative arrangements would be made.
Further hearing is posted to August 17.
