Rubabuddin Shaikh, brother of Sohrabuddin Shaikh, has written to the Minister of Home Affairs, Director, CBI and the Cabinet Secretary requesting the CBI to file an appeal against the judgment of Special CBI Court acquitting all accused in the alleged fake encounter cases of Sohrabuddin, Tulsiram Prajapati and alleged killing of Kausar Bi.
Rubabuddin stated in the letter that the said judgment acquitting all accused was bad in law, prima facie untenable and not maintainable in law, and the Special CBI Court erred in appreciating the fact and evidence in right perspective.
"In light of nature and circumstance of the fake encounter and the judgment of the Special CBI Court. I humbly request to kindly undertake all necessary measures to file appeal before the Hon'ble High Court of Bombay. I assure you we have an excellent case on merit to file appeal in the High Court challenging the aforementioned judgment of the Special Court for CBI," he wrote.
Rubabuddin was present in the court when all 22 accused were acquitted by Special CBI Judge SJ Sharma on December 21 last year.
A total of 210 witnesses were examined in the case, out of which 92 turned hostile. Initially 38 accused were named in the case, however, 16 were discharged, including BJP national president Amit Shah and former home minister of Rajasthan Gulab Chand Kataria.
According to the prosecution, Sohrabuddin, Kausar Bi and Tulsiram were travelling in a luxury bus run by Sangeeta Travels to Sangli when they were picked up by the Gujarat police. Thereafter, Tulsiram was handed over to the Rajasthan police and Sohrabuddin was taken to Disha farm outside of Ahmedabad along with his wife Kausar Bi. But all the witnesses who were present in the bus during the said incident, including the driver and conductor, turned hostile.
In the 358-page judgment, Judge Sharma expressed his sympathy towards the family of the deceased. But he also pointed to the lack of conclusive evidence in the case. He observed-
"The burden of truth in a criminal trial never shifts, as it is always the burden of the prosecution to prove its case beyond reasonable doubts on the basis of acceptable evidence. It is no doubt a matter of regret that there is a reported killing of Sohrabuddin and Tulsiram and it is going unpunished. Also, Kausar Bi, wife of Sohrabuddin disappeared and the script of the CBI's investigation that she was killed and set ablaze is lacking of evidence and is also going unpunished. However, just for the sake of record the accused cannot be punished holding them guilty on moral or suspicion grounds. I have therefore no options to conclude that the accused are not guilty and are to be acquitted."