Sohrabuddin case: Shah to move SC against CBI

Senior counsel Ram Jethmalani, who is representing former Gujarat minister Amit Shah arrested in Sohrabuddin Sheikh fake encounter killing case, today said they are planning to file a review petition in the Supreme Court against the transfer of the case to CBI.

Last Updated: Aug 02, 2010, 23:35 PM IST

Ahmedabad: Senior counsel Ram Jethmalani, who
is representing former Gujarat minister Amit Shah arrested in
Sohrabuddin Sheikh fake encounter killing case, today said
they are planning to file a review petition in the Supreme
Court against the transfer of the case to CBI.

Asked if he was going to appeal to recall the Supreme
Court order transferring fake encounter case to CBI,
Jethmalani said "well, yes. I said so today in an affidavit."

"According to me, the case should never have been
referred to CBI. I intend to go to the SC and tell them this.
But why I am going to do so, on what basis I am going to do
so, what evidence is in my possession, please do not ask me to
discuss it now," he said at a press conference here.

The Supreme Court had in January this year transferred
the case to CBI from state CID which was earlier investigating
it.

Shah has been arrested by CBI on charges of murder,
extortion and kidnapping of Sheikh and his wife Kausarbi.

Jethmalani, who is a Rajya Sabha MP of BJP, alleged CBI`s
case had no credibility.

"CBI still do not know their own case which they are
trying to build up. It is a case which, (which) on the face of
it, carries no credibility of any kind," he said.

"From January (when the case was transfered to CBI), CBI
has investigated and got the statements recorded just before
filing of the chargesheet. And from whom? From persons who in
no court will carry any credibility," he added.

"They are history sheeters and there are a number of
cases pending against them. They (CBI) say that they talked to
the accused who told them that killing of Sohrabuddin was a
political decision," Jethmalani said.

"What CBI has done since January is try and find some
evidence against Amit Shah nothing else," he added.

The senior lawyer said that while on one hand it was said
that Sohrabuddin was a danger to society, therefore Gujarat
police eliminated him, CBI alleged he was a partner of Amit
Shah in running an extortion racket.

"The two things contradict each other," he added.

Jethmalani said though Gujarat police maintained that
Sohrabuddin was killed in a fake encounter, the issue had
taken a political turn.

"The man (Sohrabuddin) was liquidated as there was no
other way of doing it, they (cops) did it. They paid the
penalty for it," he said.

"But now it has taken a political angle. Now, it is Amit
Shah, then it will go to Narendra Modi and then they will go
to Rajasthan BJP. This is all a political game which is being
played out," Jethmalani said in a veiled attack on the
Congress-led UPA government at the Centre.

The senior lawyer said CBI had no right to seek Shah`s
custody for interrogation.

"CBI has lost the right of custodial interrogation as
Shah was already in judicial custody. They can question him in
judicial custody not in their custody," he said.

"Court had given eight hours every day for three days for
interrogation of Shah. What did CBI do? Questioned Shah, on
day One for two hours, second day 40 minutes and third day
23 minutes. Finish. This is all interrogation," Jethmalani
said.

"Then CBI say that Shah gave evasive answers. You didn`t
expect the accused to tell that he committed the murder," he
added.

Earlier in the day, Jethmalani had opposed the 10-day
custody sought by the investigating agency in the special CBI
court saying that they had no proof and this was an attempt to
tarnish his client`s reputation.

The court has reserved its decision on the issue till
Wednesday.

PTI