CBI challenges lower court order referring Amins plea to HC

CBI challenges lower court order referring Amin's plea to HC

The CBI on Wednesday filed a petition in the Gujarat High Court to quash the order of a lower court on an application questioning the constitutional validity of police officer N K Amin turning approver in the Sohrabuddin Sheikh fake encounter case.

Justice Akil Kureshi, hearing CBI's petition in the High Court, issued notice to Amin and the state government who are respondents in the case and scheduled the hearing on 9th September.

A CBI magisterial court had on 26th August referred Amin's plea to become turn approver in the case to the High Court to assess the constitutional validity of the application.

However, the CBI, in its petition, claimed that the Supreme Court has approved the validity of CrPC section 306, hence the reference to High Court by the magistrate was not valid.

Also, even if the magistrate has to refer the matter to the High Court, it has to state the ground on which the constitutional validity has to be assessed, which has not been stated in the magistrate's order, it further said.

CBI had also sought direction from the High Court for the magistrate to expedite decision on Amin's plea raising concerns about his security in jail.

CBI counsel Y N Ravani also appraised the court on the issue of security concerns raised by Amin inside Sabarmati Central Jail, where he is lodged with other accused in the case.