The Central Bureau of Investigation, investigating the fake encounter of Sohrabuddin Sheikh and alleged murder of his wife Kauserbi, has summoned six Indian Police Service officers for questioning sometime next week, an official said on Friday.
"We have called in some IPS officers who were part of the earlier investigation in the case for questioning," a CBI official told PTI in Ahmedabad.
They include Geetha Johri, who was the Investigating Officer when the case was being probed by the State CID, according to CBI sources. The central agency has also called Rajneesh Rai, who was the one who had arrested three IPS officers, D G Vanzara, Rajkumar Pandian and Dinesh M N, considered to be main conspirators behind the encounter of Sheikh and disappearance of his wife Kauserbi in November 2005, they said.
Two former chiefs of Gujarat CID and the current head of the state agency, which was investigating the case before it was handed over to the CBI, have also been called for questioning, the sources said. While V V Rabari is the present head of CID, his predecessors were G C Raigar and O P Mathur. The sixth officer is Girish Singhal, currently with Gujarat's Anti-Terrorism Squad (ATS). Singhal was Gandinagar SP when the encounter took place.
Two days ago, the CBI arrested DCP Abhay Chudasama, the fourth IPS officer held in the case. Rajkumar Pandiyan alleged he was in illegal custody for the last three years as the orders against him and other accused were passed without hearing them.
"He is in illegal custody because of this court which passed ex-parte orders. The orders were passed without hearing me. Two orders were passed without the four accused being heard," senior advocate Ram Jethmalani, appearing for Pandiyan, submitted before a Bench headed by Chief Justice K G Balakrishnan. However, at the outset, the Bench said that instead of approaching the apex court, the accused could have moved the competent court for regular bail.
"You could have filed the regular bail application as the chargesheet in the case has been filed," the Bench, also comprising Justices Deepak Verma and H L Gokhle, said. Jethmalani said the need for moving the apex court arose as the accused was not getting bail from any other court due to the earlier orders.
"Nobody is granting me bail, that is why I am here," he said adding the man killed by the police was a gangster who was a "greatest threat" to the country. "Why are you not granting me bail?" he submitted. When the Bench pacified him by giving the option that that he can still move an application for the bail, Jethmalani said the apex court should make it clear that the previous orders of this court should not come in the way of considering his fresh plea.
The Bench wanted to dispose of the bail petition but Solicitor General Gopal Subramanium said he was appearing in the matter as an amicus curiae and could not make submission on behalf of the Centre. The Bench wanted to hear the Centre before disposing of the petition.
It adjourned the hearing till Monday asking Solicitor General to make available a counsel to represent the Centre.
Pandiyan in his petition said he is in jail since April 24, 2007, in connection with the killing of Sohrabuddin, his wife Kausar Bi and another person even after the chargesheet in the case has been filed. According to the petition, even though the Gujarat police had filed the chargesheet in 2007, the proceedings were stayed and the case was transferred to CBI early this year.
Pandiyan submitted the "belated" transfer of the case to CBI by the apex court had caused prejudice to him, thus affecting his right to life and liberty under Article 21 of the Constitution.
