Justice Anuja Prabhudessai dismissing Harsh Mander's application saying it was not maintainable and the applicant is not an aggrieved party.
The Bombay High Court has dismissed an application filed by a former bureaucrat seeking inquiry into why Rubabuddin Shaikh, brother of Sohrabuddin, who was killed in an alleged fake encounter, wanted to withdraw his petition challenging the discharge of BJP President Amit Shah from the case.
Justice Anuja Prabhudessai on March 11 dismissed the application filed by former Indian Administrative Service (IAS) officer Harsh Mander seeking a direction from the court that an independent agency like Central Bureau of Investigation (CBI) should why Rubabuddin Shaikh wanted to withdraw his petition.
In November last, the high court had allowed Mr Shaikh to withdraw his petition after he cited failing health as the reason for his action.
Mr Mander, in his application, said Mr Shaikh had from the time his brother was killed in the encounter followed the case and filed several petitions including one in the Supreme Court seeking transfer of the trial from Gujarat to Mumbai.
Apart from inquiry into the reason behind the withdrawal, Mr Mander had also urged the high court to quash and set aside an order passed by a CBI court in Mumbai discharging BJP leader Amit Shah from the case.
Justice Anuja Prabhudessai dismissing Mr Mander's application saying it was not maintainable and the applicant (Mr Mander) is not an aggrieved party.
On December 30, 2014, a CBI Court in Mumbai had discharged Amit Shah in the alleged fake encounter cases saying there existed, "no case" against him and that he had been implicated for "political reasons".
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