New Delhi: Ex-Gujarat Minister Amit Shah,
arrested in connection with the Sohrabuddin fake encounter
case, has asked the Supreme Court to recall its order for a
CBI probe on the grounds of "bias", levelling allegations of
conspiracy against its judge and the Centre.
Shah, a close aide of Chief Minister Narendra Modi,
alleged that Justice Tarun Chatterjee (since retired) who as
part of the Bench ordered the CBI probe in the case on January
12, was under the scanner of the investigating agency in the
Uttar Pradesh Provident Fund Scam for "breach of trust".
The 87-page application by Shah, which sought recall of
the order, contended that the entire exercise was the result
of "political conspiracy to launch an unconstitutional assault
on the constitutionally formed and democratically elected
Gujarat Government", Shah, a former minister of state for
home, is currently in judicial custody in Ahmedabad.
The application prepared under the guidance of Senior
advocate Ram Jethmalani, also questioned the propriety of
Justice Aftab Alam in hearing the matter when he was aware
that the name of Justice Chatterjee had cropped up in the PF
scam and that CBI was probing his alleged involvement.
"The January 12 order ought to be recalled on the
ground of bias as there is reasonable possibility or
likelihood that (retired) Justice Chatterjee who passed the
order was biased and suffered from automatic disqualification
to hear the case," the application said.
It also spoke about Justice Alam saying that "if he was
in the know of the fact that Justice Chatterjee suffered from
automatic disqualification, he too ought to have recused
The application by Shah has also raised some points
identical to that mentioned in the curative petition filed by
senior IPS officer Geeta Johri, who alleged that the CBI was
proceeding in the case with a particular political colour.
Like Johri, the former Minister also alleged CBI was
coercing witnesses to depose in a particular manner and
deputed a officer, who was questioned in connection with the
He also like Johri demanded removal of Balwinder
Singh, special CBI Director from the probe, as he was
interrogated in connection with the case when he was the
Commissioner of Police, Hyderabad.
Asking why the CBI is not investigating the role of
the Andhra Pradesh Police in the alleged abduction, Shah
sought the removal of Kandaswamy, IPS, who is in-charge of the
He said that the "most shocking aspect of the CBI
investigation is that Balwinder Singh who ought to be
answering questions from any investigator of the Sobrabuddin
encounter on the role of the AP police is now supervising the
very investigation and Geetha Johri, who as the head of the
Gujarat CID Crime was heading the investigation of the
Sohrabuddin encounter and was wanting to question Balwinder
Singh, is now being questioned and even threatened with