Special CBI judge AY Dave rejected the CBI application, saying the agency was earlier given time to question Shah inside the jail for three days but they questioned him for only three hours.
In a setback to the CBI, a special court here today rejected its plea seeking remand of former Gujarat minister Amit Shah, arrested in connection with the Sohrabuddin Sheikh fake encounter case.
Special CBI judge AY Dave rejected the CBI application, saying the agency was earlier given time to question Shah inside the jail for three days but they questioned him for only three hours.
Hence, the CBI demand for Shah's remand cannot be entertained, the court said.
CBI had demanded 10 days remand of Shah, saying that he did not cooperate during interrogation in jail.
Senior Supreme Court lawyer KTS Tulsi representing the investigating agency had demanded Shah's remand, giving reasons for it in a sealed cover on Monday last.
The former minister's custody is required by the CBI for recovery of "important documents which are in his possession and which could prove to be vital evidence in the case," Tulsi had said.
Shah, who was represented by senior Supreme Court lawyer Ram Jethmalani had opposed CBI's plea and said that the agency has no proof against him.
Jethmalani had said that the investigating agency was given enough time to interrogate Shah for three days, but it did not utilise the time.
Shah, a former minister of state for home and close aide of Gujarat chief minister Narendra Modi, was arrested by CBI in connection with the fake encounter case and charged with murder, extortion and kidnapping.