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
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.