Sohrabuddin case: CBI to oppose PIL
Mumbai: The CBI on Wednesday said it will oppose the PIL filed in the Bombay High Court against the agency's decision not to challenge a lower court order discharging BJP president Amit Shah in the Sohrabuddin Shaikh alleged fake encounter case.
The public interest litigation, filed by the Bombay Lawyers Association last week, termed as "illegal, arbitrary and malafide" the CBI's action of not challenging the December 30, 2014 order of a special CBI court here discharging Shah.
"We are opposing the petition. We also have an issue on the maintainability of the petition. The discharge order is of December 2014...there is an issue of limitations," CBI counsel Anil Singh said in the high court. A division bench of Justices S C Dharmadhikari and Bharti Dangre today posted the petition for arguments on February 13 after the CBI counsel sought time.
Senior counsel Dushyant Dave, appearing for the petitioner, pointed to the bench that the PIL has also sought records from the high court administrative committee on why the CBI judge, who was initially assigned to conduct trial in the case, was transferred.
The Supreme Court had earlier shifted the trial in the case from Gujarat to Mumbai, and said it should be conducted and concluded expeditiously, Dave told the high court.
"The Supreme Court had said that the administrative committee of the high court would assign the case to a court where the trial may be concluded judiciously, in accordance with the law, and without any delay," said the petition.