AHMEDABAD: In a significant development, proceedings, including bail applications, in the Bilkis Banu alleged gangrape-cum-murder case will now be held in the Dahod district sessions court.
Pronouncing his order on an affidavit filed by the CBI claiming that the district court in Ahmedabad did not have jurisdiction to hear the case, special fast-track court judge HP Patel said that further proceedings in the case would be heard by the competent court in Dahod district.
Hearing on the matter was completed on Thursday and only orders were pronounced on Friday.
The CBI, in its affidavit, said that as per a Gujarat government notification, the court in Ahmedabad did not have jurisdiction to conduct proceedings in the case and only a competent magistrate of the area where the incident occurred could hear the matter.
The CBI had also contended that the concerned chief judicial magistrate (CJM, rural) having jurisdiction over Panchmahals district court would send all the concerned papers to the Dahod district court as it has the powers to deal with such CBI cases, adding that the court in Ahmedabad does not have appellate powers to conduct proceedings in the case.
Defence advocate Arvind Pandya said he had no objection what so ever regarding jurisdiction issue and would represent his client in any court as per directive from the Gujarat High Court.
The special fast-track court in Ahmedabad had earlier rejected the anticipatory bail plea of three Gujarat policemen who also feared CBI arrest after the agency had indicated poor investigation conducted by the latter in the Bilkis case.
Thirteen persons arrested in the case are currently in judicial custody, including a BJP leader from Dahod and a head constable from Randhipur for ''tampering with evidence''.
An executive magistrate, who filed application for anticipatory bail fearing CBI arrest in the Bilkis case, withdrew it on Thursday. The regular bail plea of a head constable arrested by the agency would now be filed in the Dahod sessions court.