Don’t frame charge against IPS officer: Bombay HC

Mumbai: The Bombay high court on Monday directed the special CBI court not to frame charges against a senior IPS officer of Gujarat police Vipul Agarwal in the Sohrabuddin Shaikh and Tulsiram Prajapati fake encounter case. The court was hearing a revision application filed by Agarwal against the rejection of his discharge application.

“The trial court shall not frame the charge, so far as the present revision petitioner (Agarwal) is concerned,” said Justice A.M. Badar while posting the matter for further hearing on December 4. The judge, however, clarified, “The trial court should not construe this order as a stay to the trial, and it should proceed to frame the charge against other accused persons.”

Agarwal through his lawyer K.B. Rajput has contended that other accused, who are facing more serious charges than him, have been discharged from the case. The lawyer also argued that the applicant acted as per order of his superior officer and had sent a message to co-accused Ashish Pandya – the main accused in Tulsiram Prajapati case.

Taking into consideration that some accused have already been discharged from the case, the high court deferred the matter for further hearing and stayed framing of charges on Agarwal. But the judge also directed him to make Rubabuddin Shaikh – brother of deceased Sohrabuddin – as a party respondent to his petition because he is the original complainant in the case.

Agarwal was arrested by the Gujarat CID in connection with the  Prajapati encounter case of. He was the Superintendent of Police of Banaskantha when Prajapati was killed there.

IN THE PAST

• The accused followed the luxury bus on November 23, 2005 and after midnight intercepted the bus and took Sohrabuddin, his wife Kausarbi and Tulsiram Prajapti in their custody.
• On the intervening night of November 25 and 26, 2005 and Sohrabuddin was killed
• On the basis of letter written by Sohrabuddin’s brother Rubabuddin the Supreme Court on January 12, 2010 directed CBI to investigate this matter
• On September 9, 2012 Supreme Court transferred this trial from Gujarat to Mumbai
• In 2013, the Supreme Court had clubbed Tulsiram Prajapati's encounter killing case with that of Sohrabuddin
• On December 30, 2014, a CBI Court in Mumbai had discharged BJP president Amit Shah
• Rubabuddin had challenged Shah’s discharge from this case but in October 2015 he withdrew his petition.