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Sohrabuddin ‘fake’ encounter case: Can accused be discharged anticipating hostility, asks Bombay High Court

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Written by Sailee Dhayalkar | Mumbai | Updated: July 10, 2018 5:46:46 am

Bombay High Court. (Express Photo)

The Bombay High Court Monday asked CBI to put forth its stand on three revision plea filed by Rubabuddin, brother of Sohrabuddin Shaikh, challenging the discharge of former Gujarat DIG DG Vanzara and IPS officers Dinesh MN and Rajkumar Pandian in the alleged fake encounter case.

Justice A M Badar, hearing arguments on Pandian’s discharge, asked the CBI to state its “stand so far as this accused is concerned.” He asked CBI, “Why he (Pandiyan) should not be put to trial at least…three persons are killed…all the aspects he (Rubabuddin’s lawyer Gautum Tiwari) has covered…whether why they should not be considered as sufficient for framing of charges.” Justice Badar further said CBI should tell the court that “with this material why you’re not considering the case as a case for framing of charges.” The court later asked CBI to give replies to all the three applications.

The CBI told the court that it was concerned with just two review pleas that it filed before the court. The two pleas challenge the discharge of Rajasthan police constable Dalpat Singh Rathod and Gujarat police officer NK Amin.

Advocate Mangla, appearing for Pandian, has submitted a compilation of depositions of witnesses so far in the trial court. Justice Badar said, “He (Rubabuddin and CBI) are not disputing that everybody is turning hostile… question is anticipating hostility, whether an accused can be discharged, otherwise every accused will say that he be discharged because tomorrow they all are going to turn hostile.”

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