SC balm for Amit Shah
9 April 2013 2:10 AM GMT
In a big relief for BJP general secretary Amit Shah, the SC on Monday quashed FIR against him in the Tulsiram Prajapati fake encounter case.
Amit Shah, a close aide of Gujarat chief minister Narendra Modi, who is out on bail after spending three months in jail in the Soharabuddin case, was again facing the threat of being arrested by CBI in the Prajapati murder case in which the agency had filed a separate chargesheet against him.
The apex court criticised the CBI for registering a separate FIR and filing chargesheet in the Tulsiram killing case despite its repeated stand that it was part and parcel of the Sohrabuddin fake encounter case.
The SC directed that the chargesheet in the Tulsiram Prajapati case would now be treated as supplementary chargesheet in the Sohrabuddin fake encounter case.
The apex court said that the CBI cannot be allowed to violate its own stand and the order of the apex court accepting that the two encounters were part and parcel of the same conspiracy.
A bench of Justices P Sathasivam and B S Chauhan said the CBI can not be allowed to register multiple FIRs for the same conspiracy to harass accused persons.
Tulsiram was the accomplice of history-sheeter Sohrabuddin Sheikh, who was gunned down in a fake encounter in 2005. Tulsiram was killed in a similar operation in 2006. In both the encounters, the Gujarat and Rajasthan police acted in tandem.
The investigation was handed over to the CBI by the apex court on 8 April, 2011.
Amit Shah, a close aide of Gujarat chief minister Narendra Modi, who is out on bail after spending three months in jail in the Soharabuddin case, was again facing the threat of being arrested by CBI in the Prajapati murder case in which the agency had filed a separate chargesheet against him.
The apex court criticised the CBI for registering a separate FIR and filing chargesheet in the Tulsiram killing case despite its repeated stand that it was part and parcel of the Sohrabuddin fake encounter case.
The SC directed that the chargesheet in the Tulsiram Prajapati case would now be treated as supplementary chargesheet in the Sohrabuddin fake encounter case.
The apex court said that the CBI cannot be allowed to violate its own stand and the order of the apex court accepting that the two encounters were part and parcel of the same conspiracy.
A bench of Justices P Sathasivam and B S Chauhan said the CBI can not be allowed to register multiple FIRs for the same conspiracy to harass accused persons.
Tulsiram was the accomplice of history-sheeter Sohrabuddin Sheikh, who was gunned down in a fake encounter in 2005. Tulsiram was killed in a similar operation in 2006. In both the encounters, the Gujarat and Rajasthan police acted in tandem.
The investigation was handed over to the CBI by the apex court on 8 April, 2011.
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