CBI Accepts Acquittal Verdict in 2005 Sohrabuddin Shaikh Fake Encounter Case
Mumbai: The Central Bureau of Investigation (CBI) informed the Bombay High Court on Wednesday that it has accepted the verdict by the special CBI court, Mumbai, acquitting all 22 accused in the alleged 2005 fake encounter case involving gangster Sohrabuddin Shaikh and his aide Tulsiram Prajapati. The central agency also stated that it would not challenge the acquittal before the High Court.
Details of the Acquittal
In December 2018, the special court acquitted all 22 accused, observing that the prosecution failed to establish a strong case indicating any conspiracy to kill Sohrabuddin and others. It also noted that the accused had no proven role in the incident.
Appeal Filed by Family
Sohrabuddin’s brothers, Rubabuddin and Nayabuddin Shaikh, filed an appeal in April 2019 before the Bombay High Court, challenging the special court’s judgment.
Background of the Case
Sohrabuddin, who was alleged to be a gangster, was killed in an encounter near Ahmedabad by the Gujarat police in November 2006. His wife, Kausar Bi, was also allegedly killed. In December 2006, Tulsiram Prajapati—considered a key eyewitness—was killed in another alleged encounter.
Subsequently, the Supreme Court transferred the investigation to the CBI and shifted the trial to a special CBI court in Mumbai.
High Court Hearing
The appeal was heard by a bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad on Wednesday. During the hearing, Additional Solicitor General Anil Singh, representing the CBI, conveyed that the agency would not be filing any appeal against the special court’s judgment.
“We (CBI) have accepted the acquittal judgment,” Singh told the court.
Claims by the Family
The appeal filed by Sohrabuddin’s brothers argued that the trial was flawed. They cited instances where witnesses claimed their testimonies were not recorded accurately by the trial court.
“The witnesses have claimed their testimonies were not recorded as stated by them during the trial,” the advocate representing the family said.
The appeal sought for the judgment to be quashed and for a retrial to be ordered. The High Court asked the advocate to submit a chart listing the witnesses whose statements were allegedly not recorded accurately.
The matter has been scheduled for the next hearing on October 15.
Special Court Observations
On December 21, 2018, the special court acquitted all accused, citing insufficient evidence and the prosecution’s failure to prove the case beyond reasonable doubt.
The court also observed that the CBI had failed to establish any nexus between the accused officers and local politicians, some of whom were also named in the case.
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