Justice Akil Kureshi of the high court subsequently issued notices to the state government, Amin, and the eight accused of the case (including DG Vanzara) who are opposing Amin's petition.
The CBI on Wednesday filed a petition in the Gujarat high court for the quashing of a lower court's order questioning the constitutional validity of NK Amin's plea for approver status in the Sohrabuddin Sheikh fake encounter case.
Justice Akil Kureshi of the high court subsequently issued notices to the state government, Amin, and the eight accused of the case (including DG Vanzara) who are opposing Amin's petition. The court then posted the next hearing of the petition to September 9.
Earlier, on August 26, the special CBI magistrate, AY Dave, had referred to the high court Amin's plea seeking permission to turn approver, after raising questions about the constitutional validity of his application.
But the CBI, in the petition it filed in the high court on Wednesday, has stated that the Supreme Court has upheld the validity of section 306 of the CrPC. Hence, the special CBI magistrate referring the matter to the high court was not valid, the petition says.
The probe agency has further stated that even if a magistrate has to refer the matter to the high court, it has to state the grounds on which the constitutional validity of the plea has to be assessed. This has not been done in the magistrate's order, the CBI's petition says.
"Rightly or wrongly, the magistrate has acted on the application of the co-accused [who are opposing Amin's plea]," Justice Kureshi said. But he added that even if he were to accept the CBI's contention and nullify the observations of the lower court, it is necessary that he hear the other respondents in the case.
Then the judge issued notices to Amin, the state government, the eight accused who are opposing Amin's petition and other respondents in the case.
The probe agency had also sought directions from the high court to the magistrate, to urgently decide the matter of Amin's security in jail.
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