New Delhi: The Supreme Court today ordered
putting on hold proceedings in Tulsiram Prajapati killing
case in the trial court till the apex court decides a plea for
handing over investigation into the incident to CBI.
Prajapati was a key witness in the killing of
Sohrabuddin Sheikh in a fake encounter by the Gujarat Police
"Till this court decides on the plea for handing over
the investigation to CBI, no further proceedings arising from
the chargesheet submitted in Tulsiram Prajapati case will
continue," a Bench comprising Justices Aftab Alam and R M
Lodha said while taking an undertaking to this effect from
Gujarat`s Additional Advocate General Tushar Mehta.
The Bench, which was hearing CBI`s plea for
cancellation of bail of former Gujarat Minister Amit Shah in
Soharabuddin case, wanted an undertaking for halting
further proceedings in Prajapati case after senior advocate K
T S Tulsi, appearing for the agency, said the state police has
filed a chargesheet in the case.
Tulsi had sought a stay on any further proceedings before
a trial court in Ahmedabad contending any judgement in the
case will further complicate the matter.
He alleged elimination of Prajapati was a result of
larger conspiracy as his killing and murder of Soharabuddin
were interconnected, though two separate cases were
The Bench did not give any heed to the plea of Gujarat
government that the proceedings will not be influenced as in
the chargesheet it has been admitted that Prajapati was killed
in a fake encounter on December 28, 2006, while he was in
transit from jail to the court.
"You must not proceed with that case. In Soharabuddin
case also, it was admitted in the chargesheet that he was
killed in the fake encounter," the Bench said referring to the
chargesheet filed by the state police before the case was
handed over to CBI.
"You can`t take advantage to frustrate whole thing,"
the Bench said and asked Gujarat government not to go ahead
with the proceedings in Prajapati case untill another Bench of
the apex court adjudicates CBI`s plea of handing over the
probe of the case to it.
"This is not acceptable. You can`t prempt the judicial
proceedings. Either you say you will not proceed with the case
or we will pass some directions. You take instruction," the
Bench said and gave two minutes to Mehta to speak to the
Mehta returned and informed the Bench that he has got an
instruction to assure the bench that till the question pending
before another bench was decided there will be no proceedings
in Prajapati case before the trial court.