By IANS,
New Delhi : The Supreme Court Thursday moved the trial in the 2005 Sohrabuddin Sheikh staged shootout case to Mumbai and also revoked its order restraining former Gujarat minister for state of home Amit Shah, an accused in the case, from entering the state.
In its order, a bench of Justice Aftab Alam and Justice Ranjana Prakash Desai said that the Central Bureau of Investigation (CBI) plea against bail to Shah by the Gujarat High Court was dismissed, but the plea for transferring the trial was allowed.
“The (CBI) appeal is dismissed but the transfer petition is allowed,” the order said.
The court, however, said that the decision to transfer the case outside the state was not a reflection on the state judiciary and the apex court had full trust in it.
Sohrabuddin was killed by a Gujarat Police team Nov 25, 2005, in a staged shootout. Two days later, his wife Kausar Bi was killed. His aide Tulsiram Prajapati was murdered Dec 28, 2006.
Shah was at the time minister of state for home in Gujarat in Chief Minister Narendra Modi’s council of ministers.
Directing the transfer of trial to Mumbai, Justice Alam said: “The apprehension expressed by the CBI that Amitbhai Shah may misuse the freedom and try to subvert the prosecution cannot be lightly brushed aside.”
The court directed Shah to give an “undertaking in writing to the trial court that he would not commit any breach of the conditions of the bail bond and would not try to influence any witnesses or tamper with the prosecution evidence in any manner”.
It said the CBI would be free to move the trial court for cancellation of Shah’s bail if he breached the undertaking.
Shah was also told to report to the CBI office every alternate Saturday at 11 a.m.
The apex court also made clear that the grant of bail to Shah in the Sohrabuddin case shall have no effect in the Prajapati case and whether he is to be kept in judicial custody or granted bail in that case would be decided by the court on the basis of the materials on record.
It, however, blocked the other accused from taking advantage of the ruling and seeking bail.
“The grant of bail to Amitbhai Shah in Sohrabuddin case shall be no consideration for grant of bail to the other accused in that case and the prayer for bail by the other accused in the Sohrabuddin case shall be considered on its own merits,” the court said.
Taking note of the CBI plea that killings of Sohrabuddin and Prajapati were closely connected, the court said, “…to avoid any miscarriage of justice, both the cases can only be tried before the same court”.
“It will, therefore, be open to the CBI to make an application for transfer of the Tulsiram Prajapati case also to the same court where the Sohrabuddin case is transferred. In case, such an application is filed, the court will pass appropriate orders, in accordance with law, after hearing all concerned.”
It allowed the CBI plea for another six weeks’ time to complete its investigation, and submit the final charge sheet before the court concerned in Mumbai.
Referring to an earlier apex court verdict where a trial was transferred outside the state because accused were policemen of the state, the court said that in the instant case which involves high ranking police officers “has far more stronger reasons for being transferred outside the state”.
Directing the case records be transferred to the Bombay High Court registry, the order said the high court’s administrative committee would assign the case to a special CBI court where the “trial may be concluded judiciously, in accordance with law, and without any delay”.
The apex court had earlier, by declining the CBI plea to suspend the high court order of granting bail to Shah in December 2010, directed him to keep off the territorial limits of Gujarat till it decides that plea against the bail.
Shah was granted bail Oct 29, 2010, and the very next day, the CBI moved the apex court seeking its cancellation.