By IANS,
Gandhinagar : A designated CBI court in Ahmedabad Thursday referred a plea of former deputy superintendent of police N.K. Amin, an accused in the Sohrabuddin Sheikh staged shoot-out case, seeking to turn approver, to the Gujarat High Court to decide its constitutional validity.
This followed after other co-accused challenged the jurisdiction of the designated court to accept such a plea filed under section 306 of the Criminal Procedure Code.
Designated Judge A.Y. Dave referred the matter to the high court under section 395 of CrPC stating that the designated court did not have powers to decide the constitutional validity of Amin’s plea.
Opposing the plea of Amin seeking pardon of the court, other co-accused through their advocate challenged the plea on grounds of constitutional validity with a number of apex court judgment citations. Their counsel S.B. Vakil argued that the designated court did not have jurisdiction to record Amin’s statement under section 164 of the CrPC to decide whether or not to turn him approver.
Judge Dave said that further hearing would take place after the high court’s decision in this matter. Amin had filed an application to become approver and asked the court for pardon under section 306 of the CrPC. Eight co-accused, including suspended IPS officers D.G. Vanzara, Rajkumar Pandian and Dinesh M.N., raised objections to such application. Amin was assistant commissioner of police of Ahmedabad crime branch before being arrested in 2007 in connection with the Sohrabuddin Sheikh’s alleged staged shootout case.