New Delhi, September 17
The Supreme Court today reserved its verdict in the Sorhabuddin Sheikh fake encounter case after the Gujarat government offered to conduct narco-analysis test on the police officials allegedly involved in his killing.
Senior counsel Mukul Rohtagi assured a Bench comprising Justices Tarun Chatterjee and Aftab Alam that the state had so far not conducted the lie-detector test on any unwilling accused, but was ready to do so in this case if the court wanted it.
Arguing for two hours, Rohtagi contended that the apex court or any other higher judiciary could not order further investigation in a criminal case under Section 173 of the CrPC as this power was vested only with the magistratetrial court.
In the November 2005 fake encounter case, the Gujarat police had filed a charge sheet and the trial was on. At this stage, only the trial court had the power to entertain any petition questioning the investigation. The apex court or any other higher court would come into the picture only after the trial court disposed of such petitions, he maintained.
In the AR Antulay case, a seven-member Bench had clarified this position while setting aside the verdict of a five-Judge Bench that had transferred the trial from the District Judge to the HC, Rohtagi said.
“You can't have the charges framed by the Supreme Court. It is the job of the trial court,” the counsel argued.
During the hearing, Justice Alam observed that the state had made contradictory statements on the identity of the third person who travelled with Sohrabuddin and his wife Kausar Bi, who was also found dead later, from Ahmedabad to Sangli (Maharashtra). At one stage, the state ruled out it was Tulsiram Prajapati, the couple’s friend, and contended that it was perhaps Kalimuddin. But the state being unable to track down Kalimuddin was difficult to comprehend, the judge said.
Rohtagi also maintained that the senior police official Geeta Johri, who had been asked by the apex court to investigate the case, had not held back any information from the court.
