Sohrabuddin Shaikh's brother Rubabuddin has approached the Bombay High Court challenging the discharge of IPS officer Rajkumar Pandian from the case.
Justice A M Badar is likely to hear Shaikh's review petition tomorrow.
Sohrabuddin was killed in an alleged fake encounter in November 2005 by Gujarat Police who claimed he had links with Lashkar-e-Taiba (LeT).
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The case was handed over to CBI which held the encounter to be a staged one, and a case was lodged against police officers concerned.
However, in August 2016, a CBI court in Mumbai discharged Pandian from the case on the technical ground that CBI "did not have sanction" to prosecute him.
Rubabuddin has challenged CBI court's order.
The petition claimed that there was "sufficient evidence on record to establish that Sohrabuddin and his wife Kausar Bi were abducted, kept in wrongful confinement", and the two, along with Tulsi Prajapati (Sohrabuddin's aide), were killed in a fake encounter.
The CBI court discharged Pandian at a time when the case was at a "nascent stage" and "the evidence collected and the witness statements collated by the prosecution clearly envisaged the role of Pandian in the murders", the petition claimed.
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