Hope of CBI inquiry in Guj fake encounter recede

New Delhi, May 15: Chances of Supreme Court ordering a CBI inquiry in Gujarat fake encounter case receded further today when the apex court asked the petitioner whether it will be appropriate to take away investigation from Gujarat police.

The question was asked by the apex court when apparently and reasonably the probe was moving in the right direction and the state police was vigorously carrying out investigation into the murder of Soharubuddin Sheikh and his wife Kausar Bi in fake encounter.

A bench comprising Justices Tarun Chatterjee and P K Balasubramanyan reserved the judgment and said that the order would be pronounced on May 17.

The Gujarat government told the apex court that it will take 4-6 weeks in completing the investigation which is in the final stage. Senior counsel K T S Tulsi appearing for Gujarat Police told the court that the investigation in the alleged murder of eye-witness Tulsi Ram Prajapati has been delinked from the investigation of the fake encounter in order to avoid delay in filing chargesheet in the case otherwise the acccused person will get bail if the chargesheet is not filed in the court withiin the stipulated period of 90 days.

The Gujarat Police also assured the court that the investigation will be most independent, competent and professional and no culprit will be spared.

Responding to the court's inquiry whether state police was finding it difficult to investigate the case in relation to other states namely Maharashtra, Madhya Pradesh, and Andhra Pradesh, Mr Tulsi made it clear that the state police was facing no constraints and there are sufficient provisions in CRPC and police rule to apprehend the culprit from anywhere under the sun and the arms of law are long enough and the states were also aware that this court is watching them.

Even the counsel for the petitioner, Rubabuddin Sheikh did not press much for his demand for CBI inquiry and left it to the wisdom of the court to decide whether it will be appropriate at this stage to take away investigation from the state police and entrust the same to CBI but pressed for inclusion of DIG Rajnish Rai in the investigation team.

Additional Solicitor-General, Gopal Subramanium who took over the arguments from the Attorney-General, Milon J Banarjee also left it to the wisdom of the court to decide whether it will be appropriate to divest the state police of the investigation.

In all 7 accused have been arrested so far in the case and the accused persons include three senior IPS officers namely former DIG, ATS (Anti-terrorist Squad), D G Vanzara, the then SP, CID Rajkumar Pandyan and the former SP Alwar, Rajasthan M N Dinesh.

The possibility of more arrests cannot be ruled out.

One of the police personnel have already confessed to the involvement of police officers in fake encounter in a statement recorded by a magistrate under section 164, CRPC which is admissible as evidence in the court.

The court was informed that FIR in the fake encounter was registered on November 26, 2005 and final report was filed in the court on September 26, 2006 and the same was accepted by the court on February 1,2007. The court was also informed by the state police that Kausar Bi was killed on November 28, 2005.

IG(CID) Gujarat, Geetha Johri who is heading the investigating team remained personally present in the court during the hearing.

There were ample indications from the judges during the hearing that they would like to give an opportunity to the state police to complete the investigation before considering the question whethwer CBI inquiry was warranted.

UNI

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