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Setting aside a lower court order, the Gujarat High Court today remanded disgraced former minister Amit Shah in two-day CBI custody in the Sohrabuddin Sheikh fake encounter case and rejected a plea for videography of his questioning.
Before giving Shah's custody to CBI, Justice Akil Kureshi noted that since investigation in the case was on, it won't be appropriate to elaborate or give an extensive observation in the matter.
After the order was read out, one of Shah's lawyers, Mahesh Jethmalani, requested for videography of his the 46-year-old BJP leader's interrogation. CBI counsel KTS Tulsi opposed the plea, saying "it was a waste of time".
Shah's lawyers also sought a stay on the order to approach higher court. Both the requests were rejected by the court.
In its petition, CBI had sought quashing of the August 4 order of Additional Chief Judicial Magistrate A Y Dave rejecting the plea for Shah's remand.
Tulsi submitted that the lower court had committed an error in holding that merely because cognisance of offence had been taken and a charge sheet filed in the case, power of police custody or remand was exhausted.
Shah was arrested on July 25.
Enumerating the grounds for Shah's remand, Tulsi said the former minister of state for home was the "kingpin" of the entire conspiracy leading to the encounter of Sohrabuddin, killing of his wife Kausar Bi and also Tulsi Prajapati, a key witness.
He contented CBI had statements of witnesses, who said it was on Shah's orders that Kausar Bi and Prajapati were eliminated by other accused in the case.
Tulsi said the CBI had got details of the phone call records from Gujarat CID, which was probing the case before it was transferred to the Central agency by the Supreme Court in January this year.
But the phone call records had been doctored by somebody, and it is believed Shah was in possession of the original data and was concealing it, the senior counsel said.
On the lower court's observation that CBI had quizzed Shah only for three hours inside the Sabarmati Central jail even though it was given three days, he said Shah did not cooperate with the probe agency and gave evasive answers like 'I don't remember' or I 'do not know'.
Shah was in possession of important documents which need to be recovered, along with his personal diary, laptop computer and records of phone calls he had with other accused - suspended IPS officers D G Vanzara, Rajkumar Pandiyan and Dinesh M N, the CBI lawyer noted.







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