IPS officer accused in Sohrabuddin fake encounter case promoted
Ramachandra Guha: Why is Amit Shah being allowed to make MPs out of bigots?
In other words, the CBI court for the present was not asked to sit in judgment of Amit Shah’s guilt, but only to decide whether there existed strong enough indications to link the BJP president to these grisly murders. The court in its wisdom found none. It rejected the plethora of witness statements recorded under sections 161 and 164CrPC as mere “hearsay”, evidence of systematic and direct interference by Shah in the state CID probe into the encounter as “vague and subjective” and material evidence of phone call records between Shah and the senior police officers accused of murder as insufficient.
As per the official protocol, a Minister of State for Home, Government of Gujarat would be normally expected to talk/discuss with the Home Secretary and/or the Chief Secretary, and further, if he were to be so briefed, then also, he would be expected to talk/discuss with the Chief of the Anti-Terror Squad (ATS) or the Crime Branch.
abduction of a young boy which was investigated by Mr Amin and, therefore, as a public representative and Home Minister, he was constantly kept in touch to get the information about the progress of the matter and as a public representative in such situation he is not to see the protocol and, on the contrary, the protocol is not required to be followed in such situation as media was also focusing on that case.2
The judicial notice of the fact well can be taken that terrorist activities have increased and are rampant all over the world. In such a situation, if a Home Minister of a particular State enters in a direct dialogue with officers like the Superintendent of Police working at the ground level is not a matter of surprise, unusual or unnatural as the CBI proposes.
However, as soon as the statements of witnesses pertaining to confinement of Sohrabuddin and Kausarbi in the Farm House of Shri Girish Patel at Ahmedabad came to be recorded, it came to the knowledge of Shri Vanzara and Shri Rajkumar Pandian [two of the accused officers]. It is further learnt that these officers brought the above facts to the notice of Respondent No. 2, Shri Amit Shah, Minister of State for Home, Government of Gujarat.
69. We have observed that from the record, it was found that Mr V L Solanki, an investigating officer, was proceeding in the right direction, but Ms Johri had not been carrying out the investigation in the right manner, in view of our discussions made here in above. It appears that Ms Johri had not made any reference to the second report of Solanki, and that though his first report was attached with one of her reports, the same was not forwarded to this Court....
81. In the present circumstances and in view of the involvement of the police officials the State in this crime, we cannot shut our eyes and direct the State police authorities to continue with the investigation and the charge-sheet and for a proper and fair investigation, we also feel that CBI should be requested to take up the investigation and submit a report in this Court within six months from the date of handing over a copy of this judgment and the records relating to this crime to them.5