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File photo of Sohrabuddin and his wife Kausar bi.
CBI files status report on Sohrab case
Thu Nov 25 2010 08 : 11 / New Delhi
The investigation of the case was entrusted to the CBI on January 12 by the apex court which had asked the agency to complete its probe within six months.

The CBI today filed the final status report in the Sohrabuddin Sheikh fake encounter case after completion of investigation.

The status report was filed in a sealed cover before a bench of Justices Aftab Alam and R M Lodha.

The bench said that it has decided to hear the CBI's plea seeking cancellation of bail granted to former Gujarat minister Amit Shah, who has been made an accused in the case.

The court will hear the matter again on December 14.

The CBI has challenged the bail granted to Shah by the Gujarat High Court.

Sheikh, an alleged gangster, was killed in November 2005 by Gujarat Police which had claimed that he was planning to kill Chief Minister Narendra Modi. The policemen are alleged to have subsequently killed his wife Kauser Bi and another accomplice Tulsiram Prajapati as they were said to have been eyewitnesses to the killing.

Shah, a close aide of Chief Minister Narender Modi, quit as Gujarat Home Minister in July this year after being slapped with charges of murder and kidnapping in the killing of Sheikh and his wife Kauser Bi.

Jethmalani said that Shah, 46, now has to be proceeded in the apex court as an accused and he has to be heard before any further order is passed relating to him in the case.

The counsel appearing for Sheikh's brother Rubabuddin Sheikh, on whose petition the apex court has been monitoring the probe of the case, said Shah will have to file application in this regard.

"Now the position has changed. He is not a minister. He is an accused," the Bench also said.

The High Court had granted bail to Shah on October 29 and the CBI had urgently moved an application in the apex court for its cancellation on the same night.

However, Shah had walked out of the jail on the same night and the apex court in its urgent hearing at residence of a judge had issued notice with certain conditions on CBI's plea.

He was ordered to be out of Gujarat till November 15 and later on November 10, the apex court extended its order till November 29 after he sought more time to respond to CBI's plea for his bail cancellation.

The investigation of the case was entrusted to the CBI on January 12 by the apex court which had asked the agency to complete its probe within six months.

The apex court on August 12 had granted another three months to the CBI to complete the probe.

Shah has already moved an application asking the apex court to recall its order for a CBI probe on the grounds of "bias", levelling allegations of conspiracy against its judge and the Centre.

Shah has alleged that Justice Tarun Chatterjee (since retired) who as part of the Bench that ordered the CBI probe in the case on January 12, was under the scanner of the investigating agency in the Uttar Pradesh Provident Fund Scam for "breach of trust".

The application by Shah, which sought recall of the order, contended that the entire exercise was the result of "political conspiracy to launch an unconstitutional assault on the constitutionally formed and democratically elected Gujarat Government".

The application by Shah has also raised some points identical to that mentioned in the curative petition filed by senior IPS officer Geeta Johri, who alleged that the CBI was proceeding in the case with a particular political colour.

Agency/Source 
Press Trust of India
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