HC dismisses challenge to Amit Shah's discharge from fake encounter case
While dismissing a challenge to BJP president Amit Shah’s discharge from the Sohrabuddin Shaikh fake encounter case, the Bombay High Court observed that the applicant woke up after 10 years.
Former bureaucrat and author Harsh Mander had filed an application in the Bombay HC seeking that shah’s discharge be set aside and that Sohrabuddin’s brother Rubabuddin’s withdrawal of challenge to the discharge be inquired into. The application was dismissed by Justice Anuja Prabhu Desai. Rubabuddin had filed an application in HC in September 2015 seeking to challenge this verdict. However, just a month later, he told the court that he wanted to withdraw the challenge.
On Mander’s conduct, the HC observed, “The Applicant (Mander) who claims to be a socially responsible citizen has allegedly filed this application for preventing abuse of process of court. It is pertinent to note that though the alleged incident had occurred in the year 2005, and no case was registered against the respondent no1 (Shah) and the other police officers, the applicant herein had not shown any interest to set the criminal law in motion. The said crime was registered only pursuant to the directions given by the Honourable Supreme Court in view of the letter of grievance made by Rubabuddin, the brother of the deceased.”
The case against Shah was that a conspiracy was hatched by Gulabchand Kataria, then Home Minister of Rajasthan with the use of his political connections in Gujarat and top police officials from Gujarat and Rajasthan, to do away with Sorabuddin. He was killed in a fake police encounter in Gujarat in November 2005. But trial court observed that there wasn’t enough material to prove a conspiracy.
The HC, in its 31 page order observed, “It is also pertinent to note that several other accused in the said crime have also been discharged, but the applicant has not challenged the said orders, but has sought to challenge only the order whereby the present respondent no1 has been discharged. The social interest and responsibility proclaimed by the Applicant is thus restricted only to the relief sought against the Respondent No1 and does not even extend to other accused in the said case much less having larger implications beyond the case.”
The court then went on to state that all of this was “an indication of lack of bonafides” on Mander’s part. “Needless to state that the criminal law cannot be permitted to be used as an instrument to wreck vengeance due to personal or political grudge or to spite the accused for any other oblique purpose,” the court observed while dismissing Mander’s application.
The Sohrabuddin Sheikh encounter case is an ongoing criminal case in Gujarat, after Sohrabuddin Anwarhussain Sheikh was killed on November 26, 2005, while he was in police custody.
Shah was discharged from the case by the Mumbai Sessions Court in December 2014.
Former bureaucrat and author Harsh Mander had filed an application in the Bombay HC seeking that shah’s discharge be set aside and that Sohrabuddin’s brother Rubabuddin’s withdrawal of challenge to the discharge be inquired into. The application was dismissed by Justice Anuja Prabhu Desai. Rubabuddin had filed an application in HC in September 2015 seeking to challenge this verdict. However, just a month later, he told the court that he wanted to withdraw the challenge.
On Mander’s conduct, the HC observed, “The Applicant (Mander) who claims to be a socially responsible citizen has allegedly filed this application for preventing abuse of process of court. It is pertinent to note that though the alleged incident had occurred in the year 2005, and no case was registered against the respondent no1 (Shah) and the other police officers, the applicant herein had not shown any interest to set the criminal law in motion. The said crime was registered only pursuant to the directions given by the Honourable Supreme Court in view of the letter of grievance made by Rubabuddin, the brother of the deceased.”
Mander’s application said that the the crime being a gross case of custodial murder “had caused violence, trauma, fear and loss not only to the interested parties, but also to the entire law abiding society.” It argued that though there was sufficient material to proceed against the Shah, the Central Bureau of Investigation did not challenge the discharge order, “which resulted in abuse of process of law and gross failure of justice.”
The case against Shah was that a conspiracy was hatched by Gulabchand Kataria, then Home Minister of Rajasthan with the use of his political connections in Gujarat and top police officials from Gujarat and Rajasthan, to do away with Sorabuddin. He was killed in a fake police encounter in Gujarat in November 2005. But trial court observed that there wasn’t enough material to prove a conspiracy.
The HC, in its 31 page order observed, “It is also pertinent to note that several other accused in the said crime have also been discharged, but the applicant has not challenged the said orders, but has sought to challenge only the order whereby the present respondent no1 has been discharged. The social interest and responsibility proclaimed by the Applicant is thus restricted only to the relief sought against the Respondent No1 and does not even extend to other accused in the said case much less having larger implications beyond the case.”
The court then went on to state that all of this was “an indication of lack of bonafides” on Mander’s part. “Needless to state that the criminal law cannot be permitted to be used as an instrument to wreck vengeance due to personal or political grudge or to spite the accused for any other oblique purpose,” the court observed while dismissing Mander’s application.
The Sohrabuddin Sheikh encounter case is an ongoing criminal case in Gujarat, after Sohrabuddin Anwarhussain Sheikh was killed on November 26, 2005, while he was in police custody.
Shah was discharged from the case by the Mumbai Sessions Court in December 2014.
