Shift Sohrabuddin case out of Gujarat, CBI asks court

Contending that a fair trial was not possible in the Sohrabuddin fake encounter case in view of the apprehension expressed by witnesses that they could not depose freely what with the influence of the former Minister, Amit Shah, the Central Bureau of Investigation on Thursday pleaded in the Supreme Court that the case be shifted to a Mumbai court.



In its final report submitted before a Bench of Justices Aftab Alam and R.M. Lodha, the CBI said that even during the investigation some witnesses had openly expressed a fear for their lives. The Bench took the report on record and posted the matter for further hearing on December 14 along with the CBI's appeal seeking cancellation of the bail granted to Mr. Shah. The Bench will also hear his application for recall of the court's earlier order for a CBI probe, contending that the entire exercise was the result of a political conspiracy.

The CBI said: “Their [witnesses] apprehension for safety and security is well-founded and genuine as Amit Shah, as Minister of Gujarat, held the most powerful portfolio, whose domain included departments such as Police, Prison and Law.” Mr. Shah misused his official position even while he was in prison and earlier in hospital. Similarly, “the accused Vanzara (A-1) though only a Deputy Inspector-General of the Anti-terrorism Squad (ATS), Ahmedabad, was perceived to virtually head the police force in view of his close proximity to the highest office in the State.”

It said the “investigation disclosed that Amit Shah, in pursuance of a criminal conspiracy, gave illegal instructions relating to the investigation of the Sohrabuddin case to G.C. Raiger, then Additional Director-General of Police (Home Guards), but Mr. Raiger declined to follow them.” As a result, he was relieved and Geetha Johri, then Inspector-General (Crime-I), Criminal Investigation Department, was asked to supervise the investigation. But as per the Supreme Court direction, the probe was entrusted to V.L. Solanki, who refused to obey Mr. Shah's instructions to change the case papers of police officers.

The CBI probe revealed the nexus between the Rajasthan and Gujarat police in this case. On the role of the Andhra Pradesh police, the agency said there was no evidence of conspiracy against any of its officials. In spite of extensive investigation, the identity of A.P. policemen who could have provided logistical help and assistance to the Gujarat police could not be established.

The CBI said it now emerged that Tulsiram Prajapati, an aide of Sohrabuddin, was killed in a fake encounter as he was the key witness to the criminal conspiracy, abduction and killing of Sohrabuddin. An analysis of the mobile call records, on the planning of Prajapati's killing, showed a flurry of calls exchanged between Mr. Shah, Mr. Vanzara, and others — Rajkumar Pandian, Vipul Aggarwal, Banaskanta and Dinesh — suggesting a sinister plan. Since the two cases were linked, the CBI demanded the Prajapati case be handed over to it.