Dismissing a petition by the government challenging the constitution of an SIT by the Gujarat High Court to probe the case, a bench headed by Justice B Sudershan Reddy said the high court had no power to constitute another SIT.
“How can the state come with such a plea? Court is not deprived of its power. In exceptional cases, it can do (constitute a team). In the facts of the case, we find no reason to interfere,” the bench observed while dismissing the state’s plea.
State government advocates Harish Salve and Mukul Rohtagi had argued that the high court had no power to constitute an SIT.
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