The Gujarat high court on Thursday referred back to the Central Bureau of Investigation (CBI) court the question of the constitutional validity of jailed police officer N.K. Amin turning approver in the 2005 Sohrabuddin Sheikh staged shootout case.
A division bench of Justices Jayant Patel and H.B. Antani observed that "the co-accused have no role to play before granting pardon and recording statement of N.K. Amin. The high court directs the magistrate to proceed with hearing but not to pass order for two weeks on granting pardon".
On July 26, suspended deputy superintendent of police Amin had moved the CBI court of Justice A.Y. Dave seeking pardon and permission to become an approver in the case under section 306 of the CrPC.
The matter was referred to the high court by the CBI court, which sought a decision on the constitutional validity of Amin's plea. On September 27, the high court had reserved its order till October 7.
The CBI took the stand that it had no objection to Amin becoming an approver. Eight co-accused, including suspended IPS officers D.G. Vanzara, Rajkumar Pandian and Dinesh M.N. raised objections to such application.
Amin was assistant commissioner of police before being arrested in 2007 in connection with Sohrabuddin Sheikh's killing in a staged shootout November 26, 2005 in Ahmedabad. His wife Kauserbi is suspected to have been killed at a farm near the city two days later.