Seeking to give a new twist in the Sohrabuddin Sheikh fake encounter killing case, noted lawyer Ram Jethmalani questioned the Supreme Court order for the Central Bureau of Investigation probe into it saying it was passed by a bench headed by a judge, who was himself under the agency's scanner in a criminal case.
Injecting some drama into the case, he contended that former Gujarat minister Amit Shah was dragged into it by the CBI as "the entire conspiracy was hatched at the highest level to destroy him and the Chief Minister (Narendra Modi)".
"On January 12, Justice Tarun Chatterjee (since retired), who was the part of the Bench, was himself being investigated by the CBI. When CBI was investigating the judge, it was highly improper to pass such an order," Jethmalani, appearing for Shah, a close aide of Chief Minister Narendra Modi, submitted before the apex court.
However, his submission evoked strong objections from the Bench and Solicitor General Gopal Subramanium, who said such remarks cannot be made against the former judge and he (SG) has to protect him.
He said if such was the case, the Gujarat government should have pointed this out when the order for CBI probe was delivered and that Jethmalani should desist from making accusation against the judge who has retired.
Jethmalani said the Gujarat government at that time was not aware of the fact that Justice Chatterjee was under the lens of the CBI.
While there was exchange of words, a Bench comprising Justices Aftab Alam and R M Lodha, pacified them but expressed its displeasure that the name of a former apex court judge has been dragged in such a manner.
"Don't talk about members of the Bench. It is unfair. Your statement hurts us. It will hurt you and it will hurt your great reputation," the Bench said.
Jethamalani shot back saying, "I have no reputation to lose. If it is so, I don't care," he told the Bench, which granted three months extension to the CBI to complete the probe. It rejected Shah's plea that he should be given an opportunity to respond to the agency's plea seeking six more months to carry out its investigation.
He made the statement on Justice Chatterjee in response to the Bench's question that what were the legal remedies available to him for recalling or setting aside the January 12 direction for a CBI probe in the case.
"How will you get the order quashed or set aside. We don't know. How will you do that? I am unable to conceive that how that order will be quashed. If you have some idea you can do that (can argue)," Justice Alam said.
The Bench did not accept the contention of Jethmalani that CBI should not be granted any more extension to probe the case as the chargesheet has been filed only after the completion of the investigation.
"Today, we proceed on the basis of our order passed by us on January 12 in which CBI was directed to investigate the killing of Soharabuddin, his wife Kauser Bi and also the alleged possibility of larger conspiracy.
"Since the investigation is not complete, we give three months to the CBI to complete it and file the status report in a sealed cover," the Bench said.
"We have to reach the bottom of the case and the investigation is at the advanced stage," the Bench said.
It noted the submission of CBI's counsel K T S Tulsi that the agency has to probe the killing of Tulsi Ram Prajapati, as he was a crucial witness in the murder of Sohrabuddin and his wife.
Though, the CBI was successful in getting an extension of three months to complete the chain of events in the case, it had tough time answering some of the searching questions raised by the Bench.
During the two-hour long hearing the Bench asked several times "how the chargesheet in the case was filed when it is seeking more time to complete the investigation.
"The chargesheet is filed after the investigation of the case is complete. What made CBI to file chargesheet on July 23, when investigation was not complete? What was so sacrosanct that you filed the chargesheet on July 23?
"If the investigation was incomplete what made you to file the chargesheet."
Tulsi said it became imperative to file the chargeshet under the requirement of section 167 of the Code of Criminal Procedure otherwise the accused would have secured bail. "We sought permission of the trial court to go ahead with the probe as Shah was yet to be arrested," Tulsi said rubbishing the theory that the chargesheet has been filed against Shah. When the Bench sought the assistance of Attorney General G E Vahanvati, he said this court has entrusted the CBI to probe the case and "it is disturbing about the allegations of political conspiracy".
"I don't want to take cudgels on such allegations," he said. Subramanium, on his part, said the Bench should look into the fact whether the mandate of its order to probe the larger conspiracy have been fulfilled or not.
