New Delhi: There is relief for the BJP in election year - its prominent leader and former Gujarat minister Amit Shah can return to the state after the Supreme Court today rejected a CBI petition that his bail be cancelled in the Sohrabuddin Sheikh fake encounter case. But the court has accepted the agency's appeal to shift the case out of Gujarat, agreeing that the atmosphere in the state does not allow for a fair trial. The case will now be tried in Mumbai, a matter of some embarrassment for the Narendra Modi administration and the part of today's judgment that will undoubtedly be highlighted by the Congress.
The Central Bureau of Investigation had sought that the bail granted to Mr Shah by the Gujarat High Court be cancelled on the grounds that he may try to influence witnesses in the case. Mr Shah, who has been a close aide of Gujarat Chief Minister Narendra Modi, was the state's powerful home minister till he was arrested and sent to jail in the case in 2010. After three months in Ahmedabad's Sabarmati jail, the BJP leader was granted bail, but was told last year to leave Gujarat till the Supreme Court decided on the CBI's petition.
Gujarat votes in two months and Amit Shah is a key strategist and crisis manager for the BJP in the state. He can now participate in the electoral campaign. Post 2002, he played a key role in Mr Modi's political planning and is credited with ensuring the BJP's growing clout in the milk cooperatives that were traditionally Congress held. The BJP cheered the court's decision today. Party spokesperson Prakash Javadekar said, ""We are very sure now that after the court proceedings the final verdict will give justice.We believe that our leader is not guilty."
But a sword still hangs over Mr Shah, who also faces allegatons of involvement and possible arrest in another case. The CBI has filed a chargesheet against Mr Shah in the Tulsiram Prajapati murder case and the Opposition is likely to play on this politically.
In November 2005, a small time history sheeter, Sohrabuddin, and his wife Kauser Bi were allegedly abducted by the Gujarat's Anti-Terrorist Squad (ATS) from Hyderabad and killed in a fake encounter near Gandhinagar in November 2005. Mr Shah was the state's home minister and the CBI alleges that it was under his instructions that the state's top cops acted. Mr Shah was arrested by the CBI on July 25, 2010 and was granted bail in October, 2010. But he had to quit the Modi government .
The two cases Mr Shah is implicated in are connected. The CBI says Tulsiram Prajapati was a witness in the Sohrabuddin case and that his killing was part of a larger conspiracy in which Mr Shah, as the then head of the state administration, was involved.
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