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SC to hear pleas against Modi on December 10
Legal Correspondent

New Delhi, December 7
The Supreme Court today put off hearing for Monday next on two petitions seeking handing over the inquiry into the Gujarat’s Sohrabuddin “fake” encounter case to the CBI, making Chief Minister Narendra Modi as an accused and initiating contempt of court proceedings against him.

The fresh petitions were moved by Rubabuddin, a brother of Sohrabuddin, an inter-state gangster who had several cases of extortion against him and noted Bollywood lyricist and film scrip writer Javed Akhtar.

Three senior officers of the Gujarat Police are facing trial for the murder of Sohrabuddin in a “fake encounter” in 2005 and killing his wife to suppress the evidence as she was witness to it.

Both of them had set out prayers for multiple relief in the petition, which were mentioned before a Bench of Justices Tarun Chatterjee and Dalveer Bhandari by their respective counsel, Dushyant Dave and Prashant Bhushan, for urgent hearing.

A third petition, also moved by Bhushan on behalf of some other petitioner, was thrown away by the court for having “vague and confusing” averments and prayers for relief.

While pressing for urgent hearing, Dave said the statements of Modi on Soahrabuddin encounter, as reported by the media, were a “slur on the Constitution and the Supreme Court”.

Senior advocate K.T.S. Tulsi engaged by the Gujarat government to argue its case, who had earlier threatened to return his briefs after the recent controversial statements by Modi on the Soharabuddin issue, did not appear today but it he had not yet disassociated himself from the case.

Instead, another senior advocate Ranjit Kumar, who had been appearing in some other related matter for the state, appeared today and took objection to the manner the petitions were being filed without any “substance” for “multiple relief” without even serving the copies of the same on the state government.

Since the copies were not served on the government, the court posted the hearing for December 10 taking into account Ranjit Kumar’s objection.

Akhtar in his petition sought the setting up of a special investigation team (STF) to investigate the “involvement” of Modi in the Sohrabuddin and other encounters, registration of an FIR against him under sections 107 (abetment to crime) 115 (abetment of an offence with death penalty), 153A (creating enmity between communities), 153B (imputations prejudicial to national integration), and section 125 of the Representation of Peoples’ Act (prohibiting campaign on communal lines).

Rubabuddin in his petition sought the initiation of contempt proceedings against Modi for his alleged comments when the matter was sub judice, hand over the probe into his brothers’ encounter to the CBI and the transfer of the trial against the three senior police officers outside Gujarat.



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