Gujarat’s curative plea in Sohrabuddin case dismissed

November 30, 2013 10:17 pm | Updated 10:17 pm IST - NEW DELHI:

The Supreme Court has declined to entertain a curative petition the Gujarat government filed for reconsideration of the judgment shifting trial of the Sohrabuddin fake encounter case from the State to Mumbai.

The former Minister of State for Home, Amit Shah, is the key accused.

In September last, a Bench of Justices Aftab Alam (since retired) and Ranjana Desai said: “On a careful consideration of all material facts and circumstances, as also having regard to the past experience in the Sohrabuddin matter, we are convinced that in order to preserve the integrity of the trial, it is necessary to shift it outside the State.”

The State government filed a review petition, which was dismissed. Then, it filed the curative petition, arguing that there was an error in the judgment.

A Bench of Chief Justice P. Sathasivam and Justices G.S. Singhvi, R.M. Lodha and Desai dismissed it in the chamber. (A curative petition is normally decided in the chamber of a senior judge through circulation.) “We have gone through the curative petition and the relevant documents. In our opinion, no case is made out within the parameters indicated in the decision of this court in Rupa Ashok Hurra vs. Ashok Hurra.”

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