In a breather to BJP general secretary Amit Shah, the Supreme Court today quashed the FIR filed by CBI against him in Tulsiram Prajapati murder case, saying that proceeding in the case is to be clubbed along with the Soharabuddin Sheikh fake encounter case in which he is facing trial.
A close aide of Gujarat Chief Minister Narendra Modi, Shah who is out on bail after spending three months in jail in the Soharabuddin case, was again facing the threat of being arrested by CBI in the Prajapati murder case in which the agency had filed a separate charge sheet against him.
Quashing the FIR in the case, a bench headed by Justice P Sathasivam said the murders of both Prajapati and Soharabuddin were part of the same conspiracy and separate trial cannot be conducted in the two cases.
The bench said that the CBI cannot file separate case against Shah as the agency had itself conceded that both the murder cases are part of the same transaction while asking the apex court to hand over the investigation of Prajapati case from Gujarat Police to it.
"In the light of the specific stand taken by CBI before this Court in the earlier proceedings by way of assertion in the form of counter affidavit, status reports, etc. We are of the view that filing of the second FIR and fresh charge sheet is violative of fundamental rights under Article 14, 20 and 21 of the Constitution since the same relate to alleged offence in respect of which an FIR had already been filed and the court has taken cognizance," the bench said.
The apex court's order came on the plea of Shah who has challenged the filing of separate charge sheet by the CBI in case of Prajapati's killing.
"This Court categorically accepted the CBI's plea that killing of Prajapati is part of the same series of cognizable offence forming part of the first FIR and in spite of the fact that this Court directed the CBI to take over investigation and did not grant the relief as prayed, namely, registration of fresh FIR, the present action of CBI filing fresh FIR is contrary to various judicial pronouncements," it said.
