CBI Has Accepted Judgment In Sohrabuddin Encounter Case, Yet To Decide Whether To Challenge It Or Not: CBI Tells Bombay High Court

The Central Bureau of Investigation (CBI) on Wednesday told the Bombay High Court that it has "accepted" the December 13, 2018 judgment of a special court, which acquitted 22 policemen from the alleged "fake" encounter case of Sohrabuddin Sheikh, his wife Kausar Bi and associate Tulsiram Prajapati.

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, upon being asked, was told that the agency has not yet taken any decision to challenge the said verdict.

Additional Solicitor General (ASG) Anil Singh told the judges that the central agency has accepted the judgment.

"The CBI has accepted the 2018 judgment. As far as the issue of challenging the same is concerned, a decision is yet to be taken," the ASG said.

The bench was hearing an appeal filed by Sohrabuddin's brothers Rubabuddin and Nayabuddin, both challenging the special court's judgment pointing various flaws in the same.

The bench while posting the matter for further hearing on October 15, directed the two brothers to submit a chart identifying the witnesses whose statements were not recorded accurately as per their claim.

The "politically sensitive" case had grabbed eyeballs after prosecution witnesses continued to turn hostile, on a daily basis in 2018, wherein 92 prosecution witnesses turned hostile out of the total 210.

Sohrabuddin was killed in an alleged fake encounter in November 2005 along with his wife, after the couple was allegedly abducted by the police officers of Gujarat and Rajasthan, at the behest of senior IPS officers of the two States. His associate, Prajapati was killed a year later.

The CBI while probing the three murders, had arrested several top officers of Gujarat and Rajasthan police, along with the police officers of the said States. The central agency had also arrested BJP leader and present Home Affairs Minister Amit Shah in the case. Amit Shah was discharged from the case in December 2014.

The case had a "chequered history" with over 16 accused of the total 38 including Shah, getting discharged from the case.

The only 22 accused, who were facing trial were the senior police inspectors and constables from Gujarat and Rajasthan police.

The case was hit with several controversies with witnesses turning hostile on a regular basis and several witnesses seeking police protection before deposing in the court.

Some witnesses including the mother of Tulsiram Prajapati and also the brother of Sohrabuddin also chose not to depose before the court claiming they had "no trust" in the court as well as the prosecution, given the fact that several accused had been discharged from the case.

Case Title: Rubabuddin Shaikh vs Central Bureau of Investigation (Criminal Appeal 641 of 2019)