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Tulsi case: Amit Shah need not fear arrest for now
Although the special CBI court has accepted a chargesheet, it will decide on cognizance only on Oct 10.
Updated : Sep 30, 2012, 04:30 PM IST
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Former home minister Amit Shah need not worry about arrest in the Tulsi Prajapati fake encounter case at least for some time as the special CBI court will take cognizance of the CBI charge sheet only on October 10.
The CBI filed the Tulsi case charge sheet in the special court here on Saturday. Shah and 19 others have been named as accused in the case.
Additional chief judicial magistrate AY Dave accepted the charge sheet but kept the matter of ‘taking cognizance’ pending till after verification of documents. The court has kept further hearing on the matter on October 10.
The special CBI court adjourned the matter for verification of papers and hearing of objections filed by lawyers under Section 197 of the Criminal Procedure Code (Cr.PC) after receiving the charge sheet.
A battery of senior lawyers was present in the court on behalf of Amit Shah, former DGP PC Pande; former ADGP OP Mathur; DIG Geetha Johri; and DySP RK Patel.
The lawyers told the special court that they had petitioned the court in Danta that Shah and the police officers accused in the case cannot be subjected to criminal proceedings unless sanction for it is received from the state government under Section 197.
This section requires prior permission of the state government for prosecution of a public servant.
The lawyers, whose petition in this regard is pending before the Danta court, argued that the special court should first order the CBI to bring those papers.
