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Amit Shah gets relief from SC in staged
shootout case
Monday April 08, 2013 12:45:11 PM,
IANS
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New Delhi: In major
breather for BJP general secretary and former home minister of
Gujarat Amit Shah, the Supreme Court Monday quashed the first
information report filed against him by the CBI in the Tulsiram
Prajapati staged shootout case.
The court said the chargesheet filed in pursuance to this FIR
would be treated as a supplementary chargesheet in the Sohrabuddin
Sheikh staged shootout case, which is being tried in Mumbai.
Quashing the FIR, an apex court bench of Justice P. Sathasivam and
Justice B.S. Chauhan said that it was CBI's own case that the
killing of Tulsiram Prajapati was a part of the same transaction
involving a series of killings after the abduction of Sohrabuddin
Sheikh and his wife Kausarbi.
The court said that it had to balance the fundamental rights of a
person accused of an offence and the sweeping powers of the police
to investigate.
"We are of the view that the filing of the second FIR was
violative of Article 14, 20 and 21 of the constitution," Justice
Sathasivam said, pronouncing the judgment.
The case relates to the alleged killing in November 2005 by
Gujarat Police of Sohrabuddin Sheikh, who according to police was
involved in arms smuggling and plotting terrorist attacks. Sheikh
and his wife Kausarbi were abducted from a bus while on their way
from Hyderabad in Andhra Pradesh to Sangli in Maharashtra, and
allegedly killed.
A year later, on Dec 26, 2006, Sheikh's associate Tulsiram
Prajapati, who had also been a witness to the killing of Sheikh
and his wife, was allegedly killed by the police in a shootout.
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