The Central Bureau of Investigation (CBI) on Wednesday asked the Bombay High Court to reject the bail application of Narendra Amin, an accused in the Soharabuddin Sheikh fake encounter case.
“It cannot be ruled out that he (Mr. Amin) had the knowledge of this (fake encounter), since he came to the spot (where Kausar Bi was cremated) along with the dead body,” told CBI to the court. It was also stated in the court that, Mr. Amin’s previous bail applications were rejected under the ‘similar circumstances’ which exist today. “There are no changes in the circumstances, hence it is requested to the high court to reject the bail application,” told CBI to the court.
The Soharabuddin fake encounter case has been transferred to Mumbai following Supreme Court order to shift the case to Mumbai from Gujarat.
Mr. Amin had applied for the anticipatory bail before his arrest in 2008, which was rejected by the Gujarat High Court and upheld by the Supreme Court. In 2010, after his arrest, he had once again applied for bail, which was again rejected by the High Court and upheld by the apex court. Hence the CBI wants Bombay High Court to refer to the earlier orders.
Last week, senior counsel Ram Jethmalani, on behalf of Mr. Amin, the former Deputy Superintendent of Police who was in charge of Ahmedabad Crime branch and is accused number 12 in the charge sheet filed by CBI, moved the bail application to the Bombay High Court. Jethmalani argued that, his presence on the spot does not make him part of the crime.
According to the CBI charge sheet, Mr. Amin was seen on the spot along with another accused in the case DG Vanjara, where Soharabuddin’s wife Kauser Bi was cremated. It has been alleged that Mr. Amin was in constant touch with the then Home Minister of Gujarat and another accused in the case Amit Shaha, who is currently out on bail, during the time periode.
Mr. Jethmalani have argued in the court that, being in charge of the crime beat of the city, Mr. Amin and Mr. Shaha had been interacting about the kidnap of a young man in Ahmedabad at that time, since the state government was under pressure to solve the case immediately. It was also argued that the former DSP has already served four years and 11 months in the jail and due to his ailing health conditions he cannot tamper with the evidence of the case and cannot abscond. He is currently admitted to the Admedabad civil hospital. Out of 11 accused police officers who are under the judicial custody, he along with another IPS officer Abhay Chudasama has not been brought to Mumbai, due to ailing health. Rest nine are currently kept in the Taloja jail in Navi Mumbai.
