Soharabuddin Sheikh fake encounter case: HC begins hearing appeal against acquittals

The plea, filed by Sohrabuddin’s brother Rubabuddin, said the trial court’s decision was a complete miscarriage of justice and there were “many loose ends”

MUMBAI: The Bombay High Court on Friday began the final hearing of a plea challenging the acquittal of all 22 people, including several police officers, accused in the alleged fake encounter killing of gangster Sohrabuddin Shaikh in 2005. The plea, filed by Sohrabuddin’s brother Rubabuddin, said the trial court’s decision was a complete miscarriage of justice and there were “many loose ends”.

Sohrabuddin Sheikh, who was killed in a fake encounter by Gujarat Police, with his wife Kausar Bi - Photo Courtesy: India Today/Shailesh Raval

On the first day of hearing, advocate Gautam Tiwari, appearing for Rubabuddin, narrated the entire sequence of events, according to the prosecution’s case, to a division bench of chief justice Shree Chandrashekhar and justice Gautam Ankhad.

According to the prosecution, Sohrabuddin, his wife, Kausar Bi, and an associate, Tulsiram Prajapati, were travelling by bus from Hyderabad to Sangli in November 2005, when a team comprising officers from Gujarat’s Anti Terrorist Squad and Rajasthan’s Special Task Force picked up all three and took them to a farmhouse in Valsad.

Tiwari informed the court that Prajapati, who witnessed the abduction of Sohrabuddin and Kausar Bi, was then allowed to go to Rajasthan because he was wanted in another case. He was later shot dead by the Gujarat police while being taken to Ahmedabad.

“He kept saying that he didn’t want to suffer the same fate as Sohrabuddin to anyone who would listen. We have witnesses, his cellmates, the lawyers he consulted, and his family. He had spoken about this to everyone. There were also pleas for his protection filed by multiple people fearing for his safety,” the lawyer added.

Emphasising Prajapati’s role, Tiwari said he had been working for the Central Bureau of Investigation (CBI) to help them nab Sohrabuddin. “[Sohrabuddin and Kausar Bi’s) plan was to travel to Hyderabad, celebrate Eid with their relatives, then travel to Sangli for his wife’s operation. Tulsiram was accommodating the duo and was instrumental in arranging for transportation up to and within Hyderabad,” he told the court.

“Once Sohrabuddin was nabbed while travelling to Sangli, he was brought to a farmhouse in Valsad, later shifted to a guesthouse, and would be taken to Ahmedabad from there. During this time, Tulsiram was required for another case against him in Rajasthan, and was allowed to travel to Rajasthan. Later on, around 26 November 2005, Sohrabuddin’s body was reported to be lying next to a motorcycle, claiming that he had been shot in a bid to outrun the police,” the lawyer said. He will continue his arguments next week.

After discharging 16 prime accused, including the home minister of Gujarat at the time, Amit Shah, and several police officers from Gujarat and Rajasthan, during the pendency of the trial, a special CBI court in December 2018 acquitted all the remaining 22 accused. They were acquitted due to the lack of adequate and cogent evidence linking them to the purported crimes. The evidence presented by the central agency was not sufficient to hold any of them guilty of any charged offence.