Twist in case: Rubabuddin now wants Justice Mohite-Dere to hear his pleas

But his counsel wants a new judge

In a shocking twist in the fake encounter case of Sohrabuddin Sheikh, his brother Rubabuddin wants to continue with Justice Revati Mohite-Dere while actions of his advocate Gautam Tiwari have raised several eyebrows. Instead of going by his client’s view, surprisingly, Tiwari says he is ‘okay’ to argue before the new judge, who is assigned with Rubabuddin’s applications challenging the discharge of several IPS officials from the case.

This comes after Rubabuddin’s applications were taken away from Justice Mohite-Dere’s board, who heard the matter at length. It may be noted Justice Mohite-Dere heard the matters on a daily basis from February 9 to February 24 and had also indicated that she would be closing the matter for orders.

However, in a sudden change of assignments, the matters were transferred to Justice Nitin Sambre, which meant the arguments will have to start from point one. Since then, the matter has not been listed on Justice Sambre’s board.

Speaking to the Free Press Journal, Tiwari said, “I mentioned the matter before Justice Sambre earlier this week. The court has placed our matter on March 22, the day when it would hear us.”

“We are not planning to move an application before the Acting Chief Justice seeking continuation of Justice Mohite-Dere for our matter. I am an advocate and my work is to argue so I am okay to argue before the new bench that too from point one,” Tiwari said.

Shocking was the version of Tiwari’s client Rubabuddin, who wants Justice Mohite-Dere to continue hearing his pleas. He said, “I was unwell since some days and so could not come down to Mumbai, however, had asked my advocate to move an application before Acting Chief Justice for transferring our matters back to Justice Mohite-Dere.”

“My advocate assured me of moving such an application before the ACJ but later told me that we should mention our matter before Justice Sambre and that we will seek permission from him to move such a plea before the ACJ,” Rubabuddin added.

Meanwhile, an advocate representing the Central Bureau of Investigation (CBI) told the FPJ the agency will not move any plea before the ACJ seeking continuation of Justice Mohite-Dere. The advocate said, “We are okay with any of the judges be it Justice Mohite-Dere or Justice Sambre so we are not planning to move such a plea. But I think the applicant Rubabuddin must move such a plea because he is the one who would be more affected by this change of bench.”