Ahmedabad, Apr 30 (UNI) A Sessions Court today issued notice to the Gujarat government after hearing the submissions in an application filed by Rubabuddin Shaikh, brother of Sohrabuddin Shaikh, who was killed in a fake encounter in the city in November 2005.
Shaikh moved the application under section 173 (8) of the Criminal Procedure Code before Judge P B Desai, seeking further investigation in the fake encounter case.
Appearing for the applicant, Advocate Amrish Narendrabhai Patel submitted before the court that the chargesheet filed by police in the Sohrabuddin's case on July 16 last year did not disclose as to who was the real owner of the Hero Honda motorcycle bearing chassis No 04B16 F38592.
Director General of Police Vanazara had claimed that Sohrabuddin was riding the motorcycle when he was intercepted near Narol circle.
Advocate Patel further submitted before the court that the accused police officers, who had hatched a conspiracy and killed Sohrabuddin, had earlier made out a false case that Sohrabuddin had stolen the motorcycle for which a fabricated first information report (FIR) was lodged with Amraiwadi Police Station on November 25, 2005.
Unfortunately, the chargesheet was totally silent regarding the role played by the owner of the motorcycle and his other accomplice in the conspiracy to kill Sohrabuddin and therefore, it was necessary in the interest of justice to carry out further investigations in this regard.
Similarly, the chargesheet was completely silent on the actual cause of death of Sohrabuddin's wife, Kausar Bi, and the manner, method and the place where she was killed.
Lastly, it was submitted that the earlier Investigating Officer had procured a CD containing the record of the phone calls of that period and the said earlier Investigating Officer had handedover the CD to O P Mathur who was in-charge of the crime branch before giving up the charge of investigation to the new Investigating Officer Geetha Johrari.
Advocate said the chargesheet was once again silent regarding this valuable piece of evidence and the analysis of the phone calls contained in the CD and hence prayed for further investigations.
UNI PVN SSS MIR KP22445