SC dumps Gujarat's plea on CBI probe into encounter

The Supreme Court has dismissed the Gujarat Government's plea to review its order for a CBI probe into the alleged extra-judicial killing of Tulsiram Prajapati, an eyewitness in the 'fake encounter' case of Sohrabuddin Sheikh, allegedly involving state's former Home Minister Amit Shah.

A bench of justices P Sathasivam and B S Chauhan found "no merit" in the state's review petition, which had contended that no CBI probe could be ordered as the state police has already filed a charge sheet in the case.

The apex court had ordered the CBI probe in April 2011 on an appeal by Tulsiram Prajapati's mother Narmada Bai, who had alleged that her son was killed by the Gujarat police in a staged gun battle because he was a key eyewitness in the November 2005 killings of Sohrabuddin Sheikh and his wife Kausar Bi.

The apex court said the petitioner had made out a strong case for the transfer of investigation to the CBI as there was strong suspicion about the involvement of police personnel from three states -- Andhra Pradesh, Rajasthan and Gujarat.
The bench, however, had clarified that the observations made by it in its judgement should not influence the trial court judge, dealing with the case.

It had also criticised the tardy probe by the Gujarat police into the killings, in which, besides politicians, top police officials too were allegedly involved.

The bench had regretted that the state police took more than three and a half years to file the charge sheet in the case.

The Gujarat government along with its former Home Minister Shah had opposed transfer of the case to the CBI, contending that the Centre was trying to implicate the state's former minister and its Chief Minister Narendra Modi in the encounter killings.