Guj govt opposes handing over Sohrabuddin case to CBI

The Bench said the question of referring the probe to the SIT headed by former CBI Director R K Raghavan has arisen as there have been allegations that the investigations by the Gujarat police in the case is just an “eye-wash” and an attempt to cover up the conspiracy leading to the killing of Soharbuddin and his wife.

“This is no less disturbing when you admit that this is a fake encounter,” the Bench said when senior advocate Mukul Rohatgi,appearing for Gujarat government,opposed the suggestion to hand over the investigations of the case to SIT.

His submission was countered by senior advocate Dushyant Dave,who,appearing for victim’s family,alleged the investigating officer in the case Geeta Johri,a senior IPS officer,also “betrayed” the trust reposed on her by the apex court.

He said the victim’s family has no trust in the Gujarat Police which had filed a chargesheet in the case that will lead to the acquittal of the accused police officers.

Rohatgi had submitted that when the state government has already admitted that Sohrabuddin was killed in a fake encounter and the chargesheet has been filed in the case,the role of the apex court in monitoring the probe comes to an end.

However,the Bench said it was examining the possibility of referring the case to the SIT as “objectivity and integrity of the investigation has been questioned”.

“Till date,you did not explain how Sohrabuddin’s wife Kauser Bi died. Where is her body. What happened to her,” the Bench said,to which Rohatgi said she was also killed and her body burnt.

Undeterred by the strong remarks of the Bench,Rohatgi said everytime it cannot be assumed that the Gujarat police are acting with prejudice and even opposed the option of handing over the case to CBI against the wishes of the state government.

The senior advocate said the issue relating to the jurisdiction of the court to refer a case to CBI or any independent agency out of the state is a matter pending before a Constitution Bench of the apex court and this fact cannot be overlooked in Soharabuddin case.

However,the Bench wanted to know why the state government was reluctant to refer the case to SIT as it had not expressed any reservation when around 10 cases of post-Godhra riots were looked by the SIT.