The CBI argued that the discharge order was passed in 2014 and due to the delay in disputing the order, the petition was unmaintainable.
Mumbai: The CBI on Tuesday opposed the PIL challenging its decision not to contest BJP president Amit Shah’s discharge from the Sohrabuddin Sheikh-Tulsiram Prajapati alleged fake encounter case. The CBI argued that the discharge order was passed in 2014 and due to the delay in disputing the order, the petition was unmaintainable. The court has deferred hearing till February 13.
The CBI made the statement before a division bench of Justice S.C. Dharmadhikari and Justice Bharti Dangre that was hearing the public interest litigation filed by the Bombay Lawyers’ Association earlier last week challenging CBI’s decision not to contest the trial court’s order discharging Mr Shah. The PIL termed CBI’s decision not to contest the CBI court’s December 30, 2014, order as illegal, arbitrary and mala fide. The petition said that while the CBI had challenged the discharge of lower-rank police officers including the two Rajasthan police sub-inspectors Himanshu Singh and Shyam Singh Charan, and Gujarat senior police inspector N.K. Amin, it had chosen not to contest the discharge of Mr Shah.
However CBI counsel Anil Singh argued that the agency was opposing the petition. “We also have an issue about maintainability of the petition, as the discharge order is dated December 2014. There is an issue of limitations,” he said.
Meanwhile, senior counsel Dushyant Dave on behalf of the petitioner pointed out that the PIL also sought records from the high court administrative committee as to why the CBI judge, who was initially assigned to conduct the trial transferred. The court fixed February 13 to hear arguments on the petition.