New Delhi: The Supreme Court Monday issued notice to IPS officer N.K. Amin, arrested for alleged involvement in the Sohrabuddin Sheikh-Kausarbi abduction and subsequent murder by Gujarat Police, on the CBI's plea challenging the Gujarat High Court order granting him bail.
A bench of Chief Justice Altamas Kabir, Justice Fakir Mohamed Ibrahim Kalifulla and Justice Vikramajit Sen issued notice as counsel Subramonium Prasad told the court about "the errors" in the high court verdict holding that there was no material to show that Amin was involved in the conspiracy to eliminate Sohrabuddin and later his wife Kausarbi in November 2005.
The high court, the Central Bureau of Investigation (CBI) counsel contended, had committed a "grave error in observing that there is no material to show that Amin was aware of the conspiracy to kill Sohrabuddin".
The CBI petition said the high court ought to have appreciated that the investigation by it have shown that Amin was in "constant touch with the main conspirator Amit Shah as well as D.G. Vanzara and Rajkumar Pandian from Nov 21, 2005 to Nov 25-26, 2005 and Nov 29-30, 2005, respectively."
On the intervening night of Nov 25/26, 2005, Sohrabuddin was killed in an allegedly staged shoot-out by Gujarat Police personnel and Kausabi was eliminated Nov 29-30, 2005.
Pointing out that investigation carried out by it clearly pointed to Amin's involvement in conspiracy to eliminate the couple, the CBI told the court that the high court ought to have appreciated that the provision of 120 B IPC (conspiracy) does not contemplate that "in such a situation as in the present do not require that each and every person who is a party to the conspiracy must do some overact towards the fulfillment of the object of conspiracy...."
The CBI referred to an earlier verdict of the apex court of April 28, 2008, wherein it had observed that Amin has already influenced the witnesses in whose statements his role had surfaced.
Citing this verdict, CBI assailed the high court verdict saying that it had committed an error by granting him bail as there was every likelihood that Amin may again try to influence the witnesses which may jeopardize the entire trial in the staged shoot-out case.
The court said the notice was returnable in four weeks as Amin, being an accused in the Ishrat Jahan shoot-out case, was still in judicial custody.
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