The CBI has moved an appeal before the Supreme Court seeking cancellation of the bail granted to Shah by the Gujarat high court.
IPS officer Sanjiv Bhatt's allegation that Amit Shah had asked him not to tell the Supreme Court-appointed SIT, the truth about the state government's role in the 2002 riots, can be used by the CBI against Shah in the Sohrabuddin Sheikh fake encounter case.
The CBI has moved an appeal before the Supreme Court seeking cancellation of the bail granted to Shah by the Gujarat high court. The petition has been pending before the apex court for the last four months as the case had to be adjourned several times for one reason or another.
Bhatt's testimony given on Monday before the Nanavati-Mehta commission enquiring into the 2002 riots, has given a strong ground for cancellation of Shah's bail, say legal experts. Sources close to the Sohrab case said that though Bhatt's testimony was not in connection with the fake encounter case, it can definitely be used to show how Shah, a former minister of state for home, used to influence witnesses.
The sources further said that the CBI can access a copy of Bhatt's testimony once his deposition concludes. "The central probe agency can produce it before the Apex court to show how Shah, as an influential politician, had tried to hamper with the investigation in the riot cases as well," a source said.
When contacted, Yogesh Ravani, standing counsel for the CBI, said Bhatt's testimony could become a ground for cancellation of Shah's bail if the CBI places it as fresh material against the former minister. "But we already have strong evidences against Shah which show that he had tried to hamper investigation in the Sohrabuddin case," he said.
However, Ravani added that before placing fresh material before the Apex court, the CBI would also have to look at another aspect of the case. "The petition for cancellation of Shah's bail has been pending for long. The new material should not create further delay," he said.
On October 29, 2010, Justice RH Shukla of the Gujarat high court had granted Amit Shah conditional bail. But when the CBI filed an appeal in the Supreme Court against the high court order, the Apex court ordered Shah to keep out of Gujarat till a decision on the CBI's plea was taken.
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