Bombay High Court Dismisses Appeals By Sohrabuddin's Family Against Acquittal Of 22 Policemen In Alleged "Fake" Encounter Case

The Bombay High Court on Thursday (May 7) dismissed the appeals filed by the family members of the victims in the alleged "fake" encounter case of Sohrabuddin Sheikh, his wife Kausar Bi and associate Tulsiram Prajapati.

The family had challenged the acquittal of the 22 Policemen from Gujarat, who were named in the case.

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad pronounced the order in open court.

A detailed copy of the order is awaited.

The bench was hearing two appeals filed by Sohrabuddin's brothers Rubabuddin and Nayabuddin, both challenging the special court's judgment acquitting the cops.

The Central Bureau of Investigation (CBI) had in November last year, told the judges that it has "accepted" the judgment of the Special Court which acquitted all the 22 policemen in the case.

The "politically sensitive" case had grabbed eyeballs after 92 prosecution witnesses out of the total 210— turned hostile.

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.

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)