advertisement
The Bombay Lawyers’ Association is seeking “urgent remedial measures” from the Chief Justice of the Bombay High Court. Congress President Rahul Gandhi is tweeting “The Sohrabuddin case claims yet another Judge”. And Amit Malviya, the top guy at Bharatiya Janata Party’s IT cell is asking Rahul, “Would he also care to tell that Justice Revati Dere is sister of NCP MP, a Congress ally? #RahulWithTerrorists”.
What’s going on?
The change of assignment of Justice Revati Mohite Dere, who was hearing the applications challenging the discharge of police officers accused in the 2005 Sohrabuddin Sheikh alleged fake encounter case, is kicking up a storm.
Too caught up to read? Listen to the story:
On Tuesday, the Bombay Lawyers’ Association wrote to Acting Chief Justice of the Bombay High Court Justice VK Tahilramani, criticising the reassignment of Justice Dere.
According to the roster of judges’ assignments that came into effect on Monday, Justice Dere, who was earlier hearing criminal revision applications, was assigned to hear bail and anticipatory-bail applications from Mumbai and Thane. Criminal revision applications have been assigned to Justice Nitin Sambre.
The letter, signed by Ahmad Abdi, President of the Bombay Lawyers’ Association, went on to say, “It is necessary here to point out that out of total 38 accused had been named in the CBI’s charges sheet, including BJP national president Amit Shah. Out of these, 15 have already been discharged from the case by the trial court. Out of 42 witnesses examined, 34 have already turned hostile.
In this background change of assignment of Justice Dere is sending wrong signal to the public at large undermining the faith of the people in the institution of Judiciary as such (sic).”
The replacement of Justice Dere comes three months after she began hearing the revision petitions. For the last three weeks, she had presided over daily hearings in the matter. These petitions will now be heard from scratch by Justice NW Sambre.
Vijay Hiremath, a lawyer who has previously represented Sohrabuddin Sheikh’s brother Rubabuddin, a petitioner in the case, has criticised the reassignment of Justice Dere.
In an order on 24 January, Justice Dere had lifted the much-criticised gag order on media reportage of the proceedings in the Sohrabuddin case. In the order, she referred to the press as the “most powerful watchdog of society”.
Hearing the writ petition filed by nine journalists, she had asked, “Is there a provision under which the judge can use his power to direct the media not to publish? Can, in an absence of such power, the court pass such an order?”
On 29 January, Justice Dere questioned why the CBI did not have a sense of urgency in seeking an expeditious hearing on the revision applications, especially since the trial in the special CBI court had commenced in November 2017.
As reported by Live Law, Dere’s remarks came after Additional Solicitor General Anil Singh, who is appearing for the CBI in the matter, sought an adjournment of three weeks for replying to certain questions posed by the court.
On 12 February, as two more witnesses turned hostile in the special CBI court, Dere remarked that the court was not getting proper assistance from the CBI, questioning the agency’s sincerity regarding the cases on alleged fake encounters of Sohrabuddin Sheikh, Tulsiram Prajapati and Kausar Bi.
Not one to mince her words, Justice Dere asked:
Sheikh and Kausar Bi were killed in an alleged fake encounter by the Gujarat police in November 2005, while Prajapati was gunned down in another alleged stage-managed gunfight by the Gujarat and Rajasthan police in December 2006.
In their letter, the Bombay Lawyers’ Association also raised an objection against Justice BR Gavai being assigned to hear the PIL seeking directions to the CBI to challenge BJP President Amit Shah’s discharge order.
Three of the petitions being heard by Justice Dere challenged the discharge of former DIG Dahyabhai Vanzara, former SP Rajkumar Pandian, and Rajasthan IPS officer Dinesh MN. The petitions had been filed by Rubabuddin Sheikh, Sohrabuddin’s brother.
Dere was also hearing two petitions filed by the CBI, challenging the discharge of former Gujarat IPS officer NK Amin and Rajasthan police constable Dalpat Singh Rathod.
On Vanzara, the court had said, "There is no prima-facie evidence against Vanzara to connect him to the abduction and killing of Sohrabuddin, his wife Kausar Bi and Tulsi Prajapati, let alone to show him as one of the main conspirators”.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)