"Rejected," said a bench comprising Justices S A Bobde and Ashok Bhushan while questioning the locus standi of former bureaucrat and social activist Harsh Mander for pursuing the case in which the victim's brother Rubabuddin Sheikh had preferred to withdraw the petition.
"When the person is genuinely aggrieved then the issue takes a different colour but when the person is not remotely connected and wants to revive the case then it's a different dimension," the bench said when senior advocate Kapil Sibal, appearing for Mander, submitted that he intervened as there was an attempt to "scuttle" the case in which the CBI had filed the charge sheet.
Sibal said the victim's brother had withdrawn his petition without citing any reason and thus, in this high-profile case, "public must get the feeling that nobody is above the law". The court shot back, noting it "does not consider anyone above the law".
Sibal said, "CBI has filed the charge sheet in such a serious case. There must be some reason that the trial was transferred from Gujarat to Maharashtra. The statement under section 164 of the Code of Criminal Procedure was recorded but I am unable to understand why did they (CBI) turn turtle. Even his (Sohrabuddin's) brother who filed the case against Shah withdrew his case later."
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