Ahmedabad: The hearing on the plea of NK Amin, an accused in the Sohrabuddin Sheikh fake encounter case, to become an approver, was adjourned till August 18 by the CBI court here on Friday.
Amin had last month filed an application in the court to become approver and had also asked the court to grant him pardon in the case.
CBI had early this week said that it had no objection to Amin becoming approver, provided that he makes true disclosures about the case.
It had further said that before considering Amin`s application for pardon, his confessional statement needs to be recorded under CrPC 164, and after verifying the statement, CBI might consider his application for becoming an approver.
When the matter came up for hearing today, Additional Chief Judicial Magistrate AY Dave adjourned the hearing till August 18, after lawyers of eight other accused objected to Amin becoming approver and submitted that the court did not have the jurisdiction to record confessional statements.
HM Dhruv, representing some of the accused who have opposed Amin`s plea, contended that the present court did not have any jurisdiction to record Amin`s statement under section 164 of the Criminal Procedure Code (CrPC).
CBI counsel Ejaz Khan opposed the contention that any magisterial court has jurisdiction to record confessional statement of accused.
After hearing both sides, the court decided to hear their arguments on the matter of jurisdiction of court on August 18.
Eight accused in the fake encounter case including suspended IPS officers Vanzara, Dinesh MN and Rajkumar Pandiyan have objected to Amin turning an approver.
Amin, who is at present lodged in Sabarmati jail along with the other accused in the fake encounter case, was Assistant Commissioner of Police (ACP) city crime branch before being arrested in 2007 based on the statement of a witness involved in the operation of abducting Sohrabuddin and his wife Kausarbi.
His application came a day after CBI arrested former Gujarat minister of state for home Amit Shah in the case on July 25.
The court today also handed over copies of the chargesheet to eleven accused in the case including Vanzara, Pandiyan, Dinesh MN and others.
PTI
