Bombay HC reserves order on plea against CBI decision not to challenge Amit Shah’s discharge

THE Bombay High Court on Wednesday reserved orders on the maintainability of a petition filed by the Bombay Lawyers Association (BLA) against the Central Bureau of Investigation (CBI) decision not to challenge the trial court’s order discharging BJP president Amit Shah in the alleged fake encounter of Sohrabuddin Shaikh. The petition has termed the CBI decision to not to challenge the December 30, 2014 order passed by a court discharging Shah as “illegal, arbitrary and malafide”. A division bench of Justice Ranjit More and Justice Bharati H Dangre has reserved orders on the maintainability of the petition.

Additional Solicitor General Anil Singh for CBI argued that the petitioners have no locus to file such a petition and it is the fourth round of similar petitions. Before this, a revision petition was filed by Sohrabuddin’s brother challenging the discharge granted by the trial court, which was later withdrawn.

Later there were two similar petitions, one withdrawn and another dismissed.

Senior lawyer Dushyant Dave for BLA, told the court that CBI which is an independent investigation agency should bring home the accused.

“Being a premier agency, it was an obligation of CBI to file an appeal,” Dave told the court. Dave argued that CBI should put on record by way of filing an affidavit stating reasons why they decided not to file an appeal and who took the decision.

“There have been three deaths in this case, Sohrabuddin Shaikh, his wife Kausarbi and aide Tulsiram Prajapati, CBI just cannot come and say that they don’t want to file an appeal,” Dave told court.

Dave told court that the Shaikh’s brother Rubabuddin Shaikh had to withdraw the appeal, he had filed against Shah. “It is difficult to stand against who is in power. CBI should know that political parties will come and go but the administrative work should be carried out,” Dave told court.

At the previous hearing, Singh had said that the petition filed by BLA is a publicity litigation, not a public litigation.

Replying to this on Wednesday, Dave asked, “To stand up for administration of justice is publicity?”

Singh told the court that third party petitioners cannot decide whether the CBI should file an appeal or not.