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Sohrabuddin: Lawyers’ body moves HC against CBI not challenging Shah’s discharge

A city-based lawyers’ association today filed a PIL in the Bombay High Court against CBI’s decision not to challenge a…

Sohrabuddin: Lawyers’ body moves HC against CBI not challenging Shah’s discharge

Bombay High Court (PHOTO: Getty Images)

A city-based lawyers’ association today filed a PIL in the Bombay High Court against CBI’s decision not to challenge a lower court order discharging BJP president Amit Shah in the Sohrabuddin Shaikh fake encounter case.

The Bombay Lawyers Association, which filed the public interest litigation, termed as “illegal, arbitrary and malafide” the CBI’s decision not to challenge the 30 December, 2014 order passed by a court here discharging Shah. The PIL urged the HC to issue a direction to the CBI to file a revision application challenging the sessions court’s order discharging Shah.

The petitioner’s lawyer Ahmad Abidi said the plea would be mentioned before a division bench of justices S C Dharmadhikari and Bharti Dangre on 22 January.
“The CBI is a premier investigating agency. It has a public duty to observe the rule of law in its action but it has miserably failed,” the petition said.

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It submitted that the trial court had similarly discharged two Rajasthan Police sub-inspectors, Himanshu Singh and Shyam Singh Charan, and senior Gujarat police officer N K Amin in the case.
“The petitioner has learnt that the CBI has challenged their discharge before the high court. This act of the CBI in challenging discharge of the accused persons on selective basis is arbitrary and unreasonable, rather malafide,” the petition said.

It claimed the Supreme Court, while transferring the trial in the case from Gujarat to Mumbai, had ordered that it be concluded expeditiously.

In a related development, another high court judge today issued notices to the CBI and the accused in the Sohrabuddin Shaikh case on two petitions filed by journalists against the trial court’s ban on reporting the proceedings. Justice Revati Mohite-Dere will hear the petitions on 23 January.

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