Justice Anant Dave declined to hear ex-DySP NK Amin's plea, saying that his court no longer had the jurisdiction in the case, as its trial has already been shifted to Maharashtra.
The Gujarat High Court on Friday declined to entertain the bail plea of a suspended police officer, who is an accused in the 2005 fake encounter of Sohrabuddin Shaikh, an alleged gangster, on the ground that the Supreme Court has transferred the case to Maharashtra.
Justice Anant Dave declined to hear the plea of former deputy superintendent of police NK Amin, who was arrested in case in 2007, holding that his court no longer had the jurisdiction in the case, with its trial already being shifted to the Mumbai, and disposed of the plea.
Amin, who is accused of disposing the body of Kausar Bi, wife of Shaikh, had in 2010 filed an application to become an approver, but withdrew it later. The former DySP sought bail on the ground that CBI, probing the case, has no material evidence against him.
Amin has also maintained he has been suffering with a life-threatening disease, obstructive sleep apenia, and needs a minimum of five hours of oxygen supply under the supervision of a trained medical professional for proper breathing.
Disposing of Amin's plea, the Gujarat HC asked the CBI to provide proper medical care to him and directed Amin to file a bail plea in the Maharashtra court. Shaikh, along with his wife and associate Tulsiram Prajapati, was abducted from Hyderabad by a Gujarat Police team. On November 26, 2005 Shaikh was allegedly killed in a staged encounter on Ahmedabad's outskirts. A few days later, his wife was also killed in mysterious way and her body disposed of.
Amin, then with the Ahmedabad Crime Branch, has been accused of being involved in the operation of abducting Shaikh and his wife Kausarbi. Prajapati, a key witness to the killing of Shaikh, was shot dead, allegedly in a fake encounter, a year later at Chhapri in Banaskantha district.
The Supreme Court has asked the CBI to probe both encounter cases. Last month, the apex court, on an application of the CBI, shifted the Shaikh encounter case to Maharashtra.
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