Mumbai: A city-based lawyers’ association on Friday filed a public interest litigation in the Bombay high court against the CBI’s decision not to challenge a lower court order discharging Bharatiya Janata Party president Amit Shah in the Sohrabuddin Shaikh fake encounter case.
The Bombay Lawyers’ Association (BLA) requested the HC to direct the CBI to file a revision application challenging the special CBI court’s order discharging Shah from the case. Shah was a home minister of Gujarat when Shaikh was killed in an alleged fake encounter in a joint operation by the Gujarat and Rajasthan police.
This is the second PIL filed by BLA in this month in the Bombay HC. Just last week this association filed a petition seeking a probe by a retired Supreme Court judge into Judge B. H. Loya’s death. Judge Loya was presiding over the CBI court where Shaikh’s fake encounter case was pending. According to recent media reports, Judge Loya allegedly died an unnatural death in suspicious circumstances.
The petition stated that the CBI has challenged the discharge of some junior police officers from the case but has decided not to challenge the discharge of senior officers and personalities.
While transferring this case, the SC had said the Administrative Committee of the HC would assign the case to a court where the trial may be concluded judiciously, in accordance with the law, and without any delay.
But the trial has been pending since long. “The Administrative Committee would also ensure that the trial should be conducted from beginning to end by the same officer,” said the order.
However, one judge was transferred and the second judge Loya died following which a third judge is now conducting the trial.
