Ahmedabad: Sohrabuddin Sheikh fake
encounter case accused N K Amin, who is willing to become an
approver, on Friday told a special CBI court that his statement
before the chief magistrate was given as that of a witness and
it was not a confession.
In an application in the special court of Additional
Chief Magistrate A Y Dave, Amin said his statement which needs
to be recorded as a procedure for becoming an approver should
be under section 164(5) of CrPC which is for statements other
than confessional statements.
According to Amin`s lawyer Jagdish Ramani, there was
misunderstanding that his client who has also sought pardon to
become an approver, would make a confessional statement
before the magistrate under section 164(2) of CrPC.
The application was made to clarify that Amin`s
statement would be on a par with that of a witness and not a
confessional statement, he said.
The court which was hearing Amin`s application to
become an approver in the fake encounter case, has scheduled
further hearing in the matter on October 26.
Meanwhile, the court has reserved till October 26 the
order on CBI`s application seeking permission to obtain voice
samples of five accused in the Sohrabuddin fake encounter case
for the purpose of comparing it with audio-video evidence
which the central agency has against them.
CBI lawyer D S Salve today submitted before the court
that voice samples of five accused were needed to verify the
voices on audio-video evidence that the agency had.
He also cited some Supreme Court judgements allowing
prosecution to take voice samples of the accused.
The lawyers representing the accused opposed the CBI
plea saying that there was no provision under the CrPC that
could allow investigating agency to collect voice samples of
accused without their consent.
They further argued that a magistrate had no powers to
permit an investigation agency to take voice samples and that
the CBI`s application needs to be rejected.
The CBI had said that it wanted to collect voice
samples of five accused in the fake encounter case which
include suspended IPS officer Abhay Chudasama, Amin, N V
Chauhan; and two other accused Yashpal Chudasama and Ajay
Patel. Amin has already agreed to give his voice sample for
verification.
The audio-video evidence with the CBI include the
recording of conversation between Amin and Chauhan, where the
later allegedly said that he had heard prime accused Vanzara
telling another co-accused Rajkumar Pandian over the phone
that instructions to liquidate Sohrabuddin`s wife Kausar Bi
came from former minister of state for home Amit Shah.
PTI
