Rethink on removing plea against Amit Shah : HC to RubabuddinOctober 20, 2015
The Bombay High Court today gave a month’s time to Rubabuddin Shaikh, brother of Sohrabuddin who was killed in an alleged fake encounter in Gujarat, to think again on withdrawing his plea challenging discharge of BJP president Amit Shah in the case by the trial court.
Justice Anuja Prabhudessai called him and CBI counsel to her chambers after the court hours at 1700 hours after he conveyed in the courtroom that he wished to withdraw his plea.
S S Shinde, who appeared for CBI, told reporters that he told the judge in her chamber that the matter was between the court and the litigant and that he had nothing to say.
He also said that the judge had given Rubabuddin time till November 23 to consider the matter because the court wanted to be sure that he was doing so voluntarily and not under any kind of pressure.
Earlier in the day, after the court said it would hear his plea tomorrow as the CBI lawyer was not present today, Rubabuddin said, “I want to take it (petition) back. Please complete the proceedings today itself. I am not well and suffering from a tumour in my stomach. I am requesting the court to finish it today itself.”
The judge then kept the matter in her chambers after 5 pm and asked Rubabuddin and CBI lawyer to be present there.
Rubabuddin’s advocate Mihir Desai told the court that he has not been able to converse with his client and does not know the real reason behind his plea to withdraw the petition.
Meanwhile, an intervening application was filed by a social worker Rajesh Kamble claiming that even if the applicant (Rubabuddin) wants to withdraw his petition, the court can continue hearing the case suo motu (on its own).
“The case involved serious offences and the accused (Amit Shah) is politically influential person. It would send a wrong signal to the society if the petition is allowed to be withdrawn,” the intervenor said in the application.
Amit Shah’s lawyer S V Raju opposed the application saying the intervenor had no locus standi in filing such a plea and hence it should be rejected.
The court, which has reserved its order till tomorrow, however, sought to know from the lawyers Kamble’s locus in the case.
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