The special Central Bureau of Investigation (CBI) court in Mumbai on Friday granted an exemption to Amit Shah, former Gujarat State home minister and close aide of Prime Minister Narendra Modi from personal appearance in the Tulsiram Prajapati alleged fake encounter case. The exemption was allowed only for Thursday's hearing. This means that Mr. Shah is expected to be present during the next hearing slated on June 20th.
In his exemption application Mr. Shah stated that he is a diabetic and requires to conduct medical tests and treatment. The CBI opposed the application claiming that no medical papers were attached to the application. The court however granted the exemption.
On June 16th, the court is likely to decide on the discharge application filed by Mr. Shah in February this year.
Mr. Shah had sought discharge on the grounds that the conspiracy was hatched by the arrested police officers and they he had no role to play. >Mr. Shah had also stated that CBI had not managed to get any witnesses against him. The agency however had opposed the discharge claiming that he is one of the main accused in the case, and discharging him will vitiate the entire process.
On May 9, the special court had summoned all the accused to be present in the court on May 23. At the request of the CBI, the Supreme Court had transferred the encounter case to the special CBI court in Mumbai.
Special CBI judge J T Utpat on May 9 issued summons to all the 20 accused including Mr. Shah and asked them to be present on May 23.
In September, 2012 the CBI filed a charge-sheet in a Gujarat court against the 20 accused including former Gujarat Home Minister Amit Shah, former State DGP P C Pande, the then IGP CID crime Geetha Johri and Deputy SP R K Patel.
Tulsiram Prajapati, an eyewitness in the alleged fake encounter killing of Sohrabuddin Sheikh and Kaiser Bi in November 2005, was allegedly eliminated by the Gujarat police in December 2006.