Suspended IPS officer NK Amin on Friday moved the Supreme Court for quashing of charges against him in the 2004 Ishrat Jahan alleged fake encounter case, saying the case is illegal. The apex court will hear the matter on Tuesday.
Gujarat High Court had on July 22 issued a notice to the CBI on the bail application of suspended Amin.
Justice N V Anjaria had issued notice to the central agency after suspended DySP Amin, whose default bail plea was rejected by a special CBI court earlier, applied for bail plea in the High Court.
The court scheduled the matter for further hearing on August 6.
Amin had moved the High Court against the special CBI court's order refusing bail to him. He has sought bail saying that since the charge sheet filed by the CBI was incomplete, he should be granted bail by default.
CBI court had stated in its order that the default bail plea has to be filed after 90 days of arrest, in case the charge sheet is not filed, which was not the case here. The argument that the filed charge sheet was incomplete does not survive, the court had said.
Bail is granted by default if the charge sheet is not filed within the stipulated period of 90 days after the arrest.
Amin, who is also an accused in the Sohrabuddin Shaikh fake encounter case, was arrested on April 4.
On July 3, CBI filed the charge sheet against seven police officers including Amin, accusing them of murder and criminal conspiracy regarding the encounter killing of 19-year-old Ishrat, Javed Sheikh alias Pranesh Pillai, Zeeshan Johar and Amjad Ali Rana on the outskirts of Ahmedabad in 2004.
Crime Branch had then claimed the four were terrorists on a mission to kill Gujarat Chief Minister Narendra Modi.
The CBI, which probed the case, in its charge sheet termed the encounter as 'fake' and a joint operation between Gujarat police and IB.
The agency named seven senior Gujarat police officials as accused and charged them with murder and criminal conspiracy.