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CBI planted witnesses to fix Amit Shah

CBI planted witnesses to fix Amit Shah

Author: PNS
Publication: The Pioneer
Date: July 27, 2011
URL: http://www.dailypioneer.com/356283/CBI-planted-witnesses-to-fix-Amit-Shah.html

A sting operation by a private TV news channel showing that CBI put pressure on witnesses in the Sohrabuddin fake encounter case to implicate former Gujarat Home Minister Amit Shah has raised serious questions about the impartiality of the CBI probe in the case.

The 'sting' showed two witnesses admitting to the undercover reporter that they had named Shah. The Minister's name, they said, was included at the behest of the CBI, which recorded their statements.

While the BJP said the news report has exposed the CBI, the Supreme Court did not allow Shah's advocate Ram Jethmalani to place the material on record. However, Jethmalani could raise this issue at some points during the proceedings related to CBI plea to cancel Shah's bail plea.

Pointing fingers at the CBI, the BJP said it would seek legal advice to take appropriate action against the agency's officials who are a part of the conspiracy to falsely implicate Shah through coercion of witnesses and manipulation of evidences.

The VCD of the sting, which was shown to the media at the BJP headquarters here, claims that the firing at Popular Builders premises was not done by the police at the behest of Shah - as claimed in the CBI chargesheet - but by Sohrabuddin himself after its owners, Patel brothers, reneged on a promise to pay him for a job.

"Some important CBI witnesses have clearly said in this sting operation that CBI has wrongly quoted them while recording statements, which implicates Amit Shah. The agency put words in their mouths. CBI also assured them that if they cooperated with the CBI, they would help them in getting out of the Popular Builder case," said BJP spokesperson Ravi Shankar Prasad.

Maintaining that the "shocking truth" disclosed by the witnesses reaffirms BJP's stand that the investigation of the Sohrabuddin case was politically motivated, mala fide, biased for a defined extraneous political purpose.

"Niyammudin (Sohrabuddin's brother) has specifically stated in the sting operation that the CBI only used them for their purposes to achieve their objective and afterwards discarded them in a 'use and throw' manner," Prasad said.

The Gujarat Government has said the sting operation has proved that the Centre is misusing the CBI to harass the democratically elected Government in the State.

"The sting operation has revealed the truth and exposed the Central Government's motive of defaming the Gujarat Government," said Gujarat Government spokesman and Health Minister Jay Narayan Vyas.

Meanwhile, the Supreme Court refused to examine contents of the damning sting operation exposing the CBI. However, the agency suffered a setback after the court directed the senior counsel representing the agency to withdraw from the case as he appeared for the Gujarat Government in a case earlier.

Senior advocate Ram Jethmalani placed the material of the sting operation in the form of an affidavit before a bench of Justices Aftab Alam and RM Lodha. The sting operation recorded by a news channel in October 2010 had interviewed two crucial witnesses in the case -- Sohrabuddin's brother Naimuddin and one Mohammad Azam Khan -- both believed to be the persons who named Shah as the key conspirator in the murder of Sohraduddin in November 2005.

Showing the transcript of the tapes along with the originals, Jethmalani said, "This record is relevant as evidence as it is a sting operation done on two extremely vital witnesses, which has a bearing on the outcome of the cases pending in this court."

The witnesses were shown admitting to the undercover reporter not to have named Shah. The Minister's name, they said, was included at the instance of the CBI official who recorded their statement.

But Jethmalani's request for permission to place the affidavit with the case records failed to meet the judges' approval. The Bench said, "Why are you adding unnecessary material to the files. Already CBI has a lot of material to defend. Better to end the proceedings than to have an unending proceeding." Moreover, it noted that the trial was "onerous" for Shah too, whose bail was on condition that he stay out of Gujarat.

The court fixed the matter for hearing on August 17, asking amicus curiae senior counsel Gopal Subramanium to continue with his assistance.

Interestingly, the affidavit by Shah pointed out that the "CBI itself organised sting operation by Raman Patel and Dashrath Patel and used the transcripts as evidence in support of the chargesheet" to frame Shah and two other police officers, alleged to have threatened the witnesses at Shah's behest.

The court also asked senior advocate KTS Tulsi, appearing for CBI for over a year in the case, to withdraw. While all along the court was aware of the State's objection that Tulsi cannot appear for CBI as he previously represented the State in the same case, yet in a dramatic turn on Tuesday the Bench said, "It may not be proper for you (Tulsi) to appear anymore in the case. You will understand as you are a senior advocate and a member of Law Commission. Even here and there (in trial court) you are appearing for prosecutor."

This was sufficient indication for Tulsi to voluntarily return the CBI file.


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