Mumbai, (The Hindu): The Bombay High Court on Friday started hearing various revision applications filed against the discharge of four policemen in the Sohrabuddin Sheikh fake encounter case merely for want of government sanction. The four discharged from the case are Gujarat IPS officer D.G. Vanzara, Rajasthan IPS officer Dinesh M.N., Gujarat cop Narendra Amin and Rajasthan police constable Dalpat Singh Rathod.
A Bench of Justice Revati Mohite-dere heard a plea filed on behalf of Sohrabuddin’s brother Rubabuddin Sheikh by advocate Gautam Tiwari on August 8, 2017. The Central Bureau of Investigation (CBI) court had discharged Mr. Vanzara and Mr. Dinesh from the case on August 1. Additional Solicitor General Anil Singh, who appeared for the CBI, argued against the discharge granted to Mr. Rathod. Mr. Singh said a prior sanction for prosecution of a public servant is needed only for an offence committed by him while discharging his official duty.
Mr. Singh told the court that Mr. Rathod’s role was limited to concocting a false story of Tulsiram Prajapati escaping from police custody with the help of two others. Mr. Rathod’s advocate Niranjan Mundargi contended that there was no evidence against his client to connect him with the entire case. Senior Counsel Mahesh Jethmalani, who appeared for Dr. Amin, contested that the police officer was unnecessarily roped into the case by the CBI.
Sohrabuddin, a gangster with alleged terror links, and his wife Kausar Bi, were allegedly abducted by the Gujarat Anti-Terrorism Squad in November 2005. Shaikh was killed in an alleged fake encounter on November 2005, while his wife disappeared.
Mr. Rubabuddin has filed a revision application at HC seeking the said order be set aside on grounds that there is insurmountable evidence against Mr. Vanzara, which undisputedly proves the existence of a prima facie case against him.
Mr. Rubabuddin has filed three applications challenging the discharge, while the CBI too has challenged the discharge of Mr. Rathod and that of Dr. Narendra Amin.
The matter will now be heard on February 12
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