Mumbai: The Central Bureau of Investigation (CBI) on Tuesday told the Bombay High Court that it will oppose the plea challenging Amit Shah’s discharge in the alleged fake encounter case of Sohrabuddin Sheikh, and question its maintainability.
A Division Bench of Justice S.C. Dharmadhikari and Justice Bharati Dangre was hearing a public interest litigation (PIL) filed by the Bombay Lawyers Association. The PIL called the CBI’s inaction to challenge the discharge of Mr. Shah illegal, arbitrary and malafide. The association has also filed a PIL seeking a probe into the death of CBI judge B.H. Loya by a commission of enquiry headed by a retired Supreme Court judge.
Additional Solicitor General Anil Singh, representing the CBI, told the court that the discharge order was passed in December 2014 and there is an issue of limitations.
Dushyant Dave, appearing for the association, said the PIL is seeking records from the high court administrative committee on why the then CBI judge, U.T. Utpat, who was initially assigned to conduct the trial, was transferred. The court said, “We feel the institution should be kept out as far as possible” and requested Mr. Dave to take an appropriate decision.
