Court gives time to Sohrabuddin’s brother to make up his mind

Early this month, Rubabuddin told the court about wanting to withdraw his plea without informing his lawyers.

October 21, 2015 02:18 am | Updated April 07, 2016 06:13 am IST - Mumbai

The Bombay High Court on Tuesday granted a month’s time Sohrabuddin Shaikh’s brother Rubabuddin to reflect on his decision to withdraw his petition challenging BJP resident Amit Shah’s discharge in the alleged fake encounter case.

“The court was not sure if he wanted to withdraw his petition willingly. It wants to ascertain his complete willingness,” CBI counsel Sandeep Shinde said.

Rubabuddin reiterated his stand on withdrawing the petition. He has not spoken to his lawyers about the reasons for the change of heart.

“I want to take back my application. I am not well. I have a tumour in the stomach,” he urged Justice Anuja Prabhudessai.

The court decided to hear the matter in the chamber. Upon his lawyer’s request, Rubabuddin met Justice Prabhudessai in her chamber alone for around 25 minutes. However, he remained tight-lipped about what transpired in the chamber.

Early this month, Rubabuddin took everyone by surprise when he told the court about wanting to withdraw his plea without informing his lawyers. He later told The Hindu he was under tremendous mental tension.

Intervention

Meanwhile, a Mumbai-based businessman and NGO member Rajesh Kamble filed an application seeking to intervene in the matter. In light of Rubabuddin’s wish to withdraw, the intervention urged the court to take suo motu cognisance of the trial court’s order discharging Amit Shah.

“Looking at the history of the matter and facts involved in the matter it would be in the interest of justice to inquire and look into the aspect of any pressure is being exerted upon the applicant. If the proceedings are allowed to be withdrawn it would give a wrong signal to society that powerful people can manipulate the justice system,” the intervention application urged.

The court will decide on the maintainability of the application on Wednesday.

Mr. Shah’s lawyer S.V. Raju and Rubabuddin’s lawyer Mihir Desai both opposed the intervention.

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