Sohrabuddin case: CBI objects to PIL challenging BJP chief’s discharge
MUMBAI: The Central Bureau of Investigation (CBI) on Tuesday objected to the maintainability of a public interest litigation (PIL) filed by the Bombay Lawyers Association, seeking direction to the agency to challenge BJP president Amit Shah's discharge from the Soharabuddin Shaikh fake encounter case.
“We have objections to the maintainability of the PIL,” additional solicitor general Anil Singh told the division bench of justice SC Dharmadhikari and justice Bharti Dangre. He will put forth the objections on February 13, when the PIL is slated to come up for further hearing.
On Tuesday, senior advocate Dushyant Dave argued on behalf of the petitioner body and submitted that although the CBI has challenged discharge of some IPS officers from the case, for some reasons best known to the agency it has not challenged Shah’s discharge. He also invited the court's attention towards a second prayer in the PIL, requesting the high court to examine the correctness of the order of the its administrative committee to transfer special CBI court judge TV Utpat — the case for trial had been originally assigned to him.
Dave said that Supreme Court had said the judge should not be transferred before completion of the trial and the mandate was binding on the administrative committee of the HC and the judge could not have been transferred without SC’s prior leave.
ADVOCATE DUSHYANT DAVE SUBMITTED THAT ALTHOUGH THE CBI HAS CHALLENGED THE DISCHARGE OF SOME IPS OFFICERS, FOR SOME REASONS KNOWN TO THE AGENCY IT HAS NOT CHALLENGED AMIT SHAH’S DISCHARGE