New Delhi, Dec 7 (UNI) The Supreme Court today fixed December 10 for hearing of the two applications filed by Rubabuddin, brother of Sohrabuddin Shaikh, and Javed Akhtar, film lyricist, seeking investigation into the alleged role played by Gujarat Chief Minister Narendra Modi in the fake encounter killing, in view of Modi's recent statement in Surat trying to justify the killing of Sohrabuddin and his wife Kausar Bi.
The application filed by Rubabuddin Shaikh has sought directions to the police to resister an FIR against Mr Modi under sections 115, 107, 505, 153 (A) and 153 (D) of IPC, read with Section 125 of the representation of the People Act for spreading communal hatred, disturbing communal peace and harmony, and for asking for votes in the name of religion.
The application filed by Mr Akhtar carries large number of prayers namely- prosecution of Narendra Modi for Contempt of Court, a CBI inquiry into the alleged murder of Sohrabuddin, his wife Kausar Bi and the only eyewitness Tulsiram Prajapati.
Mr Akhtar has also prayed for the transfer of the trial of the fake encounter case outside Gujarat to ensure a free and fair trial, and for the stay of further proceedings in the present case. But the prayers made in the two application seemed to be somewhat confusing.
The Supreme Court has already refused to order a CBI inquiry in Sohrabuddin fake encounter case and has found the investigation of the Gujarat police satisfactory.
Three senior IPS officer are facing trial in the case.
Gujarat Police was represented today by senior counsel Ranjit Kumar as Senior Advocate K T S Tusli has withdrawn from the case and said it will not be possible for him to defend Gujarat Police unless and until Mr Modi tenders an apology for his controversial statement.
Mr Modi has already been issued notice by the Election Commission for violating the Model Code of Conduct.
The petitioner have also demanded that in view of the statement of Mr Modi at an election meeting in Surat, he should be made an accused in Sohrabuddin encounter case.
A bench headed by Justice Tarun Chatterjee will consider the applications on December 10.