SC to hear CBI plea for transfer of Sohrabuddin case

New Delhi, Sept 29 (PTI) The Central Bureau of
Investigation (CBI) Thursday urged the Supreme Court to
transfer outside western Indian state Gujarat the Sohrabuddin
Sheikh fake encounter case in which former State Home Minister
Amit Shah, is a key accused, on the ground that witnesses are
being intimidated and trial cannot be held in a free and fair
manner.
Appearing before a bench of justices Aftab Alam and
Ranjana Prakash Desai, Additional Solicitor General Vivek
Tankha alleged that the atmosphere in Gujarat was so vitiated
that the CBI was forced to record statements of the witnesses
in western Indian city Mumbai.
"We are forced to record the statements of the witnesses
in Mumbai because of the threat received by them. We are not
able to assure them any protection because the CBI does not
have that much of manpower. It is the duty of the State police
to provide protection. But they are not doing so.
"If those who are supposed to be the protectors are not
giving any protection what can we do?," he submitted before
the bench.
Tankha also reiterated the CBI's allegation that the
trial judge had become "servile" to the former Home Minister
and urged the apex court to transfer the case to any other
State to protect the "Majesty of law."
"There was open servility and excessive demonstration of
favourable and partisan attitude to Amit Shah by the learned
Additional Chief Judicial Magistrate.
"He was granted exemption from appearance even without
giving a hearing to the CBI," Tankha claimed.
Sohrabuddin and his wife were allegedly abducted by cops
of the Gujarat's Anti-Terrorist Squad (ATS) from Hyderabad and
killed in a fake encounter near Gandhinagar in November 2005.
Tulsiram Prajapati said to be an accomplice of
Sohrabuddin was also subsequently eliminated by the ATS, to
destroy evidence as he was an eye witness, the CBI has
alleged.
Tankha cited the Supreme Court's earlier decision to
transfer out of Ujjain the murder case of Prof Sabarhwal to
Nagpur as the witnesses were allegedly intimidated by the
accused who owed allegiance to the ruling BJP.
"The court has the overall duty to protect the majesty of
law," he said, contending that two of the witnesses Kauser
Bi, wife of Sohrabuddin, and another accomplice Tulsiram
Prajapati, were also killed in "fake encounters" by the
Gujarat police to destroy evidence.
According to the CBI it had received more than 200
complaints of extortion, threats and other serious offences
allegedly committed by the accused politician and police
officers and said Sohrabbuddin's killing was part of the
extortion syndicate headed by Amit Shah.
"The atmosphere in Gujarat is quite vitiated and
demoralising for the witnesses as well as the investigating
officers," the agency claimed and sought transfer of the case
from the court of the Additional Chief MM, CBI, Mirzapur,
Ahmedabad to Mumbai or any other state.
Besides the state government, the apex court had earlier
issued notices to Shah and 18 others including suspended IPS
officers-D G Vanzara (DIG), Rajkumar Pandiyan (SP), both from
Gujarat cadre, and M N Dinesh (SP) from Rajasthan cadre.