M A I N   N E W S

Fake Encounter
SC shifts Amit Shah’s trial to Mumbai
R Sedhuraman
Legal Correspondent

New Delhi, September 27
The Supreme Court today shifted to Mumbai the trial of former Gujarat Home Minister Amit Shah in a case relating to the killing of Sohrabuddin Sheikh in a fake encounter near Gandhinagar in November 2005.

A Bench comprising Justices Aftab Alam and Ranjana Desai said this was necessary to ensure a fair trial as during the proceedings in Gujarat a key witness, who wanted to become an approver and make a confessional statement, had been won over by the accused following which he changed his mind.

The magistrate holding trial in the case had taken almost five weeks on the plea of the witness. The CBI had contended that on receiving the application from the witness, NK Amin, the magistrate “adopted a procedure unknown to law but that gave sufficient time to the other accused to win back NK Amin over to their side by giving intimidations and/or inducements,” the SC noted.

The apex court clarified that the transfer of the case “is not a reflection on the State judiciary” in which the SC had “full trust.” In fact, the transfer “is intended to save the trial court in the State from undue stress and to avoid any possible misgivings in the minds of the ordinary people about the case getting a fair trial.”

The SC, however, rejected the CBI plea for canceling the bail granted to Shah on the condition that he would stay away from Gujarat. “We are not inclined to cancel the bail granted to Amitbhai Shah about two years ago,” it said.