New Delhi: The Supreme Court has issued a notice to Gujarat Chief Minister, Narendra Modi on a plea seeking to initiate contempt proceeding against him for his alleged statement justifying Sohrabuddin Sheikh's fake encounter killing.
SC had begun hearing a host of applications seeking to make Modi a co-accused in the case on the basis of his alleged statement during an election rally justifying the act.
The apex court had taken cognizance of the two petitions filed against Modi by senior counsel Prashant Bhushan — on behalf of film lyricist Javed Akhtar — and by senior counsel Dushyant Dave — on behalf of Sohrabuddin's brother, Rubabuddin, for breaking the moral code of conduct.
Both the counsels submitted that Modi had already justified the killings and he should, therefore, be prosecuted.
Additional Solicitor General (ASG), Gopal Subramaniam, who is assisting the court as amicus curiae in the matter and Dushyant Dave had pressed for issuing a notice to Modi.
The ASG said the "Chief Minister is accountable to the law and an explanation is called from him for his remarks".
"Nobody should have the courage to publicly speak about the case which is sub judice and to give justification on it," he was quoted by news agency PTI as saying.
Dave added that the Chief Minister's statement amounted to interference with the process of justice.
The petitions filed in the SC demanded two things: first, that a Special Investigation Team to probe all encounters in the state should be constituted and second, that an FIR should be registered against Modi for his "inflammatory" remarks.
The court will also take up a petition filed by an Ahmedabad-based NGO seeking a probe into the alleged role of other leaders, bureaucrats and organisations in the post-Godhra riots.
Modi's Stand
Last week, Modi had blamed his controversial justification of Sohrabuddin Sheikh's death in a fake encounter on Congress President Sonia Gandhi. He had clarified that fake police encounters "cannot be accepted" and that he had never justified them.
He also stated that the Supreme Court should look into the realities guided by facts.
Meanwhile, BJP spokesperson, Prakash Javadekar has reacted to the contempt notice saying, "This is a legal procedure and we will file our reply on time. This will not have any influence on people's perception during elections. Narendra Modi will never justify a fake encounter."
"We have complete respect for the Supreme Court. However, one thing is clear and that is that Narendra Modi's speech at Mangrol was a political response to Sonia Gandhi's provocation. Also, Modi was simply urging everyone to take strong steps to curb terror. There is no question of a justiying fake encounter. There ought not to have a judicial review on the debate between Sonia Gandhi and Narendra Modi," he added.
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