CBI court refers Amin`s plea to turn approver to Guj HC
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Last Updated: Thursday, August 26, 2010, 20:47
Ahmedabad: A special CBI court today referred the application of police officer N K Amin, an accused in Sohrabuddin Sheikh fake encounter killing case who wants to become an approver, to the Gujarat High Court to decide on its constitutional validity.

Additional Chief Judicial Magistrate A Y Dave, referred the matter to the High Court after some of the accused opposing Amin's plea for becoming an approver, raised questions about its constitutional validity.

The court said it did not have powers to decide on the constitutional validity of Amin's application and the matter has, therefore, been referred to the High Court.

During the arguments, lawyers representing eight accused, including another police officer D G Vanzara, who are opposing Amin's plea, had raised questions about the constitutional validity of Amin's plea under section 306 of CrPC seeking pardon. S B Vakil, representing the eight accused, cited a number of Supreme Court orders in order to substantiate his contention that Amin's plea was constitutionally not valid.

He also argued that the present court did not have any jurisdiction to record the statement of Amin under section 164 of the CrPC, which is the first step towards deciding on a person becoming approver.

The court said that after the High Court decides on the constitutional validity of the application, further hearing on it would take place.

The next hearing of the case is scheduled on September 6.

Bureau Report

First Published: Thursday, August 26, 2010, 20:47

Tag: CBI Amin Guj HC
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