B.S. Chauhan ORDER
In pursuance of the order passed by this Court on January 12, 2010, the CBI has submitted a status report. In the status report, it is stated that they have been carrying on investigations as directed by this Court, but on certain aspects of the matter the investigation remain incomplete. A prayer is, therefore, made to grant them six months further time to complete the investigation. It is further prayed that three other cases that were registered in connection with the alleged escape of Tulsiram Prajapati from police escort and his death in a police encounter may also be transferred for investigation to the CBI because the death of Tulsiram Prajapati in the alleged encounter formed an inseparable part of the investigation which is entrusted to the CBI by this Court.
Today, Mr. Jethmalani, senior advocate, appeared on behalf of one of the accused-Amit Shah. Mr. Jethmalani strongly criticized the manner of investigation by the CBI and alluded to some larger political conspiracy. He submitted that he proposed to take steps of recall/modification of the order dated January 12, 2010 passed by this Court by which the investigation of the case was taken away from the Gujarat Police and was handed over to the CBI.
Today, we can proceed only on the basis of the previous order passed on January 12, 2010 by which the CBI was directed to investigate all aspects of the case, relating to the killing of Sohrabuddin and his wife Kausarbi including the alleged possibility of a larger conspiracy. By that order, the CBI was asked to complete the investigation within six months from the date it took over the case from the State police and to file its report to this Court when this Court would pass further necessary orders in accordance with the said report, if necessary.
As on date, the investigation ordered to be made remains incomplete. In continuation of the previous order, therefore, the time allowed to the CBI to complete the investigation is extended by three months from today, at the end of which they would file a status report before this Court.
Put up on receipt of the status report.
25. It is clear that in both the status report(s) as well as in the affidavit filed in W.P. (Crl.) No. 115/2007, the CBI prayed for entrusting the investigation relating to Tulsiram Prajapati on the ground that his encounter was a part of the very same offence in the first FIR which CBI was investigating. It is not in dispute that this Court, after entrusting the investigation to the CBI by order dated 12.01.2010 was monitoring the said investigation in W.P. (Crl.) No. 6 of 2007. Even in the said writ petition, the CBI filed status report(s) contending that Tulsiram Prajapati's killing was a part of the very same conspiracy and series of the very same transactions in which Sohrabuddin and Kausarbi were abducted and killed. The following averments in the affidavit dated 19.08.2010 in W.P. (Crl.) No. 115 of 2007 made by the CBI are relevant which are as under:
47. During the investigation of Sohrabuddin and Kausarbi matter it has emerged that there are clear circumstances indicating that the encounter of Tulsiram Prajapati on 28.12.2006 was done in order to elimi........