Sohrabuddin case accused cop seeks temporary bail

Wednesday, December 1, 2010

GANDHINAGAR - Police officer N.K. Amin, an accused in the Sohrabuddin Sheikh staged shootout case, has sought temporary bail on the ground that his ailing wife needs medical treatment and his presence is required besides her for the purpose.

Amin moved the CBI special judge G.K. Upadhayay in Ahmedabad Wednesday for temporary bail for this reason.

Amin has already approached the court seeking pardon and permission to turn approver. The move was challenged by his co-accused in the case. The Gujarat High Court however dismissed the petition of suspended IPS officer Rajkumar Pandian and others, accused in the case, which challenged the constitutionality of section 306 of Code of Criminal Procedure (CrPC).

The petitioners claimed that tendering pardon to accused police officer Amin, who wishes to turn approver, would be violation of their fundamental rights guaranteed by the Constitution of India.

However, the high court rejected their plea with an observation that section 306 read with principles of natural justice and provisions of the Constitution of India, does not cause prejudice to the fundamental rights of the accused.

The court also referred to its recent judgment wherein the constitutionality of the same section was challenged. The court said that the co-accused have no role to play before granting of pardon and recording of the statement of a person who becomes approver.

On July 26, suspended deputy superintendent of police N.K. Amin had moved the CBI court of judge A.Y. Dave seeking pardon and permission for him to become an approver in the case.

Eight accused in the staged shootout case including suspended IPS officers D.G. Vanzara, Dinesh M.N. and Rajkumar Pandian had objected to Amin’s turning approver and alleged that it would be in violation to their fundamental rights.

Sohrabuddin Sheikh was gunned down Nov 26, 2005 and his wife died in mysterious circumstances a few days later.

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