Gandhinagar: Amit Shah is likely to become the first Home Minister to be arrested after a CBI court rejected his anticipatory bail plea on Friday.
CBI Judge G K Upadhaya rejected Shah`s application on
technical grounds, as his application did not mention sections
of Indian Penal Code under which he was made an accused.
Shah`s lawyer Mitesh Amin said they were deliberating on
legal options and contemplating approaching the higher court
after the rejection of anticipatory bail plea.
"We need to first have a look at the chargesheet and the
charges against the minister before taking any further
decision," Amin said.
CBI today filed a chargesheet in
the Sohrabuddin Sheikh fake encounter killing case naming
Gujarat Minister of State for Home Amit Shah as one of the
accused and charged him with murder, kidnapping and extortion.
The chargesheet filed in the court of Magistrate A Y
Dave also said Sohrabuddin was killed because he had
terrorised the marble traders in Rajasthan.
It named Shah as an accused along with four IPS officers
DIG D G Vanzara, SPs Rajkumar Pandian and M N Dinesh and DCP
Abhay Chudasama, besides DSPs M L Parmar and N K Amin among
The volumnious chargsheet has been filed against 12 cops
under IPC Sections 384 (extortion), 302 (murder) and 201
(causing disappearance of valuable evidence of offence) in the
fake encounter of Sohrabbuddin and killing of his wife in
The accused have also been charged under sections
120-B(conspiracy) 342 (wrongful confinement), 364 (kidnapping
and abducting to murder), 365 (kidnapping or abducting with
intent and wrongfully confine a person) and section 368
(keeping in confinement kidnapped or abducted person).
Three persons who have been shown as accused and are
yet to be arrested include Shah, Yashpal Chudasma, Chairman,
ADC Bank and Ajay Patel, Director, ADC Bank.
According to the chargesheet, "elimination of Sohrabuddin
was being used for extortion by the accused to establish an
element of fear in the minds of the businessmen and others."
There was rivalry between Sohrabuddin and Hamid Lala
gangs in the areas of Rajsamand, Nathdwara and Udaipur in
Rajasthan known for marble mining trade, the chargesheet
Taking advantage of the same, the "accused from Gujarat
and Rajasthan entered into a criminal conspiracy to eliminate
The motive for the accused persons of Rajasthan police to
participate in the conspiracy to eliminate Sohrabuddin was the
activities of Sohrab in terrorising Rajasthan marble lobby,
the chargesheet said.
Amit Shah entrusted the job to Vanzara, Pandian and
Chudasama, it said.
While Sohrabuddin and his wife were in illegal custody
of ATS Gujarat Police, Vanzara was in constant touch over
telephone with Shah and was continuously seeking instructions,
it said, adding instructions for killing of Kausarbi were also
given by Shah to Vanzara.
Investigation also revealed that Shah also used the
Sohrabuddin encounter for threatening one Zahid Kadri, to
withdraw petition filed against police in lower court and
subsequently a writ petition filed in the High Court of
Gujarat or he could also meet the same fate as Sohrabuddin.
CBI has also said in the chargesheet that evidence
against three accused Ajay Parmar, Santram Sharma and V A
Rathod indicated their non-complicity in commission of crime.
"All the three did not have any meeting with the key
conspirators and were present at the scene of crime following
orders of their superiors as they were attached with them,"
according to the chargesheet.
"Parmar, Sharma and Rathod are important witnesses in
the case. They are required to be discharged as accused/
suspects in the case," it added.
No role in encounter: Shah
Speaking from an undisclosed location, yesterday, Shah claimed that he had no role in the encounter and that his name in his capacity as MoS Home has "not come on record anywhere."
The Minister said he was out of the capital for some "personal work" when the CBI sent summons to his home to appear before it.
"It was difficult to make it in the time limit of 1 PM as I was out of time. This is surprising that a central agency treats a home minister of a sate in this manner. It raises some doubts about their intentions. They could have given time for me to make myself appear before them," he said.
CBI sends teams to locate Amit Shah
The CBI sent teams to the office
and residences of Gujarat Minister Amit Shah to locate him
after he failed to appear before the investigating agency for
the second time today in connection with the Sohrabuddin
Sheikh fake encounter case.
"Yes, we have sent teams," CBI sources said but evaded a
direct reply when asked whether the teams have been sent to
Shah was summoned for the second time today to appear
before the CBI by 1 pm in the fake encounter case. However,
instead of him, his lawyer Mitesh Amin turned up at the CBI
office demanding more time and a questionnaire.
The CBI rejected the request of Amin to hand over the
questionnaire and refused to give more time to Shah.
CBI sources said the teams have been sent to his office
and residences in Gandhinagar and Ahmedabad.
Shah has not been attending state Cabinet meetings and
his office for the last couple of weeks and his whereabouts