New Delhi: The CBI on Thursday urged the Supreme
Court to transfer outside Gujarat the Sohrabuddin Sheikh fake
encounter case in which former State Home Minister Amit Shah,
is a key accused, on the ground that witnesses are being
intimidated and trial cannot be held in a free and fair
manner.
Appearing before a bench of justices Aftab Alam and
Ranjana Prakash Desai, Additional Solicitor General Vivek
Tankha alleged that the atmosphere in Gujarat was so vitiated
that the CBI was forced to record statements of the witnesses
in Mumbai.
"We are forced to record the statements of the witnesses
in Mumbai because of the threat received by them. We are not
able to assure them any protection because the CBI does not
have that much of manpower. It is the duty of the State police
to provide protection. But they are not doing so.
"If those who are supposed to be the protectors are not
giving any protection what can we do?," he submitted before
the bench.
Tankha also reiterated the CBI's allegation that the
trial judge had become "servile" to the former Home Minister
and urged the apex court to transfer the case to any other
State to protect the "Majesty of law."
"There was open servility and excessive demonstration of
favourable and partisan attitude to Amit Shah by the learned
Additional Chief Judicial Magistrate.
"He was granted exemption from appearance even without
giving a hearing to the CBI," Tankha claimed.
Sohrabuddin and his wife were allegedly abducted by cops
of the Gujarat's Anti-Terrorist Squad(ATS) from Hyderabad and
killed in a fake encounter near Gandhinagar in November 2005.
Tulsiram Prajapati said to be an accomplice of
Sohrabuddin was also subsequently eliminated by the ATS, to
destroy evidence as he was an eye witness, the CBI has
alleged.
PTI
First Published: Thursday, September 29, 2011, 21:41