Guj against transferring Sohrabuddin case to CBI
Gujarat government opposed in the Supreme Court handing over the probe into the fake encounter killing of Sohrabuddin Sheikh to the Central Bureau of Investigation or Special Investigating Team.
By ET Bureau |
NEW DELHI: The Gujarat government on Wednesday opposed in the Supreme Court handing over the probe into the fake encounter killing of Sohrabuddin Sheikh to the Central Bureau of Investigation (CBI) or Special Investigating Team (SIT) probing the post-Godhra communal riots of 2002, even as the apex court said there was a need for going into the bottom of the case to erase all doubts.
"The state has to go to the bottom of the case. The investigation has to be beyond all doubts," said a bench
comprising Justice Tarun Chatterjee and Justice Aftab Alam.
The SC said the question of referring the probe to the SIT headed by former CBI director R K Raghavan has arisen in the face of allegations that the investigations by the Gujarat Police in the case is just an "eyewash" and an attempt to cover up the conspiracy leading to the killing of Sohrabuddin and his wife Kauser Bi.
"This is no less disturbing when you admit that this is a fake encounter," the bench said when senior advocate Mukul Rohatgi, appearing for the state government, opposed the suggestion to hand over the investigations of the case to the SIT.
Mr Rohatgi���s submission was, however, countered by senior advocate Dushyant Dave, who, appearing for victim���s family, alleged the investigating officer in the case Geeta Johri, a senior IPS officer, also "betrayed" the trust reposed on her by the apex court.
Gujarat government's counsel said that it was admitted by the state that Sohrabuddin was killed in a fake encounter and the chargesheet has been filed in the case. Then the role of the apex court in monitoring the probe comes to an end, Mr Rohatgi said. However, the bench said, it was examining the possibility of referring the case to the SIT as "objectivity and integrity of the investigation has been questioned".
"Till date, you did not explain how Sohrabuddin's wife Kauser Bi died. Where is her body. What happened to her," the bench asked, to which Mr Rohatgi said she was also killed and her body burnt.
Undeterred by the strong remarks of the bench, Mr Rohatgi said every time it cannot be assumed that the Gujarat Police are acting with prejudice and even opposed the option of handing over the case to CBI against the wishes of the state government.
The bench wanted to know why the state government was reluctant to refer the case to the SIT as it had not expressed any reservation when around 10 cases of post-Godhra riots were looked by the SIT.
"The state has to go to the bottom of the case. The investigation has to be beyond all doubts," said a bench
comprising Justice Tarun Chatterjee and Justice Aftab Alam.
The SC said the question of referring the probe to the SIT headed by former CBI director R K Raghavan has arisen in the face of allegations that the investigations by the Gujarat Police in the case is just an "eyewash" and an attempt to cover up the conspiracy leading to the killing of Sohrabuddin and his wife Kauser Bi.
"This is no less disturbing when you admit that this is a fake encounter," the bench said when senior advocate Mukul Rohatgi, appearing for the state government, opposed the suggestion to hand over the investigations of the case to the SIT.
Mr Rohatgi���s submission was, however, countered by senior advocate Dushyant Dave, who, appearing for victim���s family, alleged the investigating officer in the case Geeta Johri, a senior IPS officer, also "betrayed" the trust reposed on her by the apex court.
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Mr Dave said that the victim���s family has no trust in the Gujarat Police which had filed a chargesheet in the case that will lead to the acquittal of the accused police officers.Gujarat government's counsel said that it was admitted by the state that Sohrabuddin was killed in a fake encounter and the chargesheet has been filed in the case. Then the role of the apex court in monitoring the probe comes to an end, Mr Rohatgi said. However, the bench said, it was examining the possibility of referring the case to the SIT as "objectivity and integrity of the investigation has been questioned".
"Till date, you did not explain how Sohrabuddin's wife Kauser Bi died. Where is her body. What happened to her," the bench asked, to which Mr Rohatgi said she was also killed and her body burnt.
Undeterred by the strong remarks of the bench, Mr Rohatgi said every time it cannot be assumed that the Gujarat Police are acting with prejudice and even opposed the option of handing over the case to CBI against the wishes of the state government.
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Mr Rohatgi further said the issue relating to the jurisdiction of the court to refer a case to CBI or any independent agency out of the state is a matter pending before a Constitution Bench of the apex court and this fact cannot be overlooked in Sohrabuddin case. The bench wanted to know why the state government was reluctant to refer the case to the SIT as it had not expressed any reservation when around 10 cases of post-Godhra riots were looked by the SIT.
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