Based on the investigation conducted by the Central Bureau of Investigation (CBI), which revealed that DCP Abhay Chudasama had engineered the abduction of Sohrabuddin Sheikh and his wife Kauser bi in collusion with other conspirators/accused persons en route to Maharasthra from Andhra Pradesh, the special court of judge VB Barot sent the DCP to police custody till May 5.
The atmosphere at the CBI court in Mirzapur was on Thursday charged from morning when reports that Chudasama would be produced in the court came in. CBI officials and counsel reached the court at 2.30pm and the police officer was whisked away to the court, where the CBI counsel placed its arguments before the designated special CBI judge, VB Barot.
CBI counsel LD Tiwary argued that Chudasama had utilised the services of Tulsiram Prajapati to locate Sohrabuddin prior to his abduction and that of his wife Kauser bi from Andhra Pradesh, on November 22 and 23 in 2005.
Tiwary, along with K Sudhakaran, the deputy legal advisor (Mumbai), pleaded before the court: “Chudasama played a key role not only in the conspiracy for commission of abduction, murder and extortion, but also in causing disappearance of evidence and giving false information to screen offenders."
Moreover, the investigating agency revealed that Chudasama had offered Rs 50lakhs to the brother of Sohrabuddin for withdrawing the petition in the Supreme Court — and threatened him with dire consequences if he did not do so.
The CBI counsels, who sought 14 days remand of Chudasama, pleaded that since the registration of the case by CBI he has been influencing witnesses either by alluring them with bribes or threatening them with dire consequences.
Moreover, he is obstructing the CBI investigation by clandestinely and consistently monitoring the progress of the case and threatening/ influencing witnesses with inducements and threats.
Meanwhile, defence counsel HM Dhruv, pleaded that the arrest of Chudasama was itself illegal, as there was no prima facie involvement of the DCP in the particular case. Dhruv asked the CBI to produce the original case diary in the court.
Moreover, as the Supreme Court directions to the investigating agency were to submit the report to the apex court and only after directions of the apex court could any action, including arrest, be made. The defence counsel also pleaded that though the CBI counsel had claimed that the extortion angle was the cause of the killing, they have not specified the extortion connection Chudasama had with Sohrabuddin. Also, there is no mention about Chudasama in the Rubabuddin Sheikh petition in the Supreme Court