"Unless the Chief Minister gives a suitable clarification and offers to apologize it is not possible for me to represent Gujarat government as Special Counsel," he said.

Tulsi said he found that the affidavit filed by the state government in the Supreme Court has clearly stated that the killing of Sohrabuddin was a cold-blooded murder stage managed in a fake encounter.

It had said that the officers who had participated in the encounter had fabricated the evidence. The chargesheet has already been filed in the case and the statement by the CM on the way the suspected terrorist was dealt with "he is not acceptable to me," Tulsi said.

"How can the Chief Minister take stand diametrically opposite to that of what was stated by the state government before the Court. The position of both the CM and the government becomes untenable," Tulsi said.

Tulsi was reacting to Chief Minster's justification of Sheikh's killing in election speeches by saying he deserved such a fate.

Tulsi said, he has not yet resigned and he was waiting for a satisfactory explanation from the Chief Minister.

Stressing that Modi has to uphold the law and the Constitution as the Chief Minister, Tulsi said it was the Gujarat Government that had filed the chargesheet against its officers for allegedly capturing Sohrabuddin and then killing him in a fake encounter.