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CBI has confirmed that it will not allow the PIL filed by Bombay Lawyers association before the Bombay HC challenging the decision of the CBI to not challenge the order dated December 30, 2014 discharging Amit Shah in the Sohrabuddin fake encounter case. The Bombay HC bench composed of Justice SC Dharmadhikari and Justice Bharati Dangre held that the HC should be left out of the matter while hearing the petition questioning the reason behind the transfer of the original judge in the Sohrabuddin case. Despite there being a SC order dated 27.12.2012 directing the administrative committee of the High Court to conduct the entire trial under a single judge, the administrative committee of the HC passed the transfer order with regard to Justice JT Utpat. The Petition asked the SC to order the CBI to file revision application against the order of the Sessions court in discharging Amit shah. It said that being the main investigative agency of the country, the CBI has failed immensely in in its duty to maintain the rule of law. The PIL pointed out to the fact that the challenge by CBI to the discharge of Rajasthan police sub-inspectors Himanshu Singh and Shyam Singh Charan and senior Gujarat police officer N.K. Amin is alone not sufficient and arbitrary.
The PIL called the decision of the CBI to not challenge the discharge order as “illegal, arbitrary and malafide”. The counsel representing CBI, Anil Singh argued that the CBI also has a problem with regard to the maintainability of the petition as the limitation period was over in 2014 itself. To the argument of Dushyant dave representing the petitoners that there must be a debate in the judiciary regarding the matter, Justice Dharamdikari agreed but asserted that the institution must be left out of the purview of the debate.
Soharbuddinn sheikh and his wife Kausar bI were allegedly killed in a fake encounter by the Gujarat and Rajasthan police in November 2005. The CBI took over in 2010 and filed charge sheet against many persons including Amit Shah.
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