A special CBI court in Mumbai, on Friday, acquitted 22 persons accused in the alleged fake encounter killings of gangster Sohrabuddin Shaikh, his wife Kausar Bi, and his associate Tulsi Prajapati.
Special CBI Judge S.J. Sharma ruled that the prosecution has failed to put forth any documentary and substantive evidence to suggest or establish the alleged conspiracy.
Delivering his last verdict as a judge, Judge Sharma said the witnesses and proof were not satisfactory to prove conspiracy and murder. The court also observed that circumstantial evidence was not substantial.
Government machinery and prosecution put in a lot of effort, 210 witnesses were brought but satisfactory evidence didn’t come and witnesses turned hostile. No fault of prosecutor if witnesses don’t speak, Judge Sharma said, as per a News18 report.
Wahab Khan, the lawyer appearing for Sohrabuddins family, said the “court has accepted that Sohrabuddin was killed by a bullet that hit him but there is no proof that the 22 present in the court were one of the shooters.” Khan further said, “The court observed that the witnesses who turned hostile had nothing to do with the defence,” as per the News18 report.
Rubabuddin Sheikh, Sohrabbudins brother, protested against the courts decision and said the family would challenge it. Rubabuddin said he was heartbroken with the verdict.
Everything in the case, right from the investigating agency to the judiciary was managed in this case. I have lost all hopes. I will consult my lawyer on receiving the judgment copy and decide if we should approach the High Court, he said, the Wire reported.
Rubabuddin, who himself was one of the witnesses in the case, had appeared before the court after he was served with several summons. It is understood that he changed his testimony several times and failed to stick to his original statement given to the police.
The trial in the case began in November 2017 and of the 210 witnesses who were examined, 92 turned hostile.
The CBI took over the case in 2010. Till then, 38 accused were booked, including IPS officers and ministers from Gujarat, Rajasthan. Now, 22 accused, including 21 junior police personnel and one farmhouse owner, have been acquitted.
What the court said?
Announcing the verdict, which extended over 500 pages, special judge Sharma said, Jo purava diya gaya hai woh samadhaan-karak nahi hai (The evidence that has been provided was not satisfactory).
CBI prosecution tried its best to prove the case, but unfortunately the evidence, even after three chargesheets were not substantial enough to prove the allegations beyond doubt Despite three investigations, the evidence is lacking, Sharma said further, as per a report in the Wire.
Tulsiram Prajapatis abduction story could not be proved. The CBI in its third chargesheet had claimed that he was the third person travelling with Shaikh and Kausar Bi on the bus from Hyderabad to Sangli. However, the material evidence and witnesses in the court have established that he was not on the bus. He was arrested from Bhilwara directly on November 26, 2005, the judge said.
The court added that there was no material evidence to show that Prajapati was illegally detained in the interim for three days.
In fact, roznamcha (police station diary) of the police station is given more preference since it is documentary evidence: this shows arrest on November 29, 2005, the court said. The court further referred to the evidence of witnesses examined to prove Prajapatis abduction like the escort cops and the tenants who lived next to himsaid that he was at home at the time he was arrested. It could not be proved that he was a witness to the abduction, the court observed, as per the Wires report.
The court expressed regret at its inability to convict anyone, saying, I feel extremely sorry for the family of Sohrabuddin Shaikh, and Tulsiram Prajapati, especially his mother Narmadabai. But the evidence before me could not establish the roles of any person accused in the case [there is] no material evidence to prove any charges against the accused, the Wire reported.
Centre suspends IPS officer who probed case
Just one day before the verdict could be announced, the Ministry of Home Affairs (MHA) suspended Rajnish Rai, a Gujarat cadre IPS officer who was the first investigator in the case. Rai has arrested high-profile officers such as D.G. Vanzara in the Sohrabuddin encounter case.
Rais suspension comes after he opted for voluntary retirement (VRS) in August, and had reportedly written to the MHA that he may be considered deemed to have resigned from the service. The centre, however, rejected his plea seeking VRS.
All you need to know about the Sohrabuddin Shaikh case
The case began back in November 23, 2005, when Shaikh, a wanted criminal, his wife Kauser Bi, and aide Prajapati were allegedly abducted by the Gujarat police from a luxury bus in Maharashtra. The police then took the trio to Ahmedabad. Prajapati, however, was sent to Udaipur where he was sent to jail there to face trial in cases against him.
Just three days later, on November 26, Shaikh was killed in an alleged fake encounter while the body of his wife was found three days later on November 29.
The accused alleged that Shaikh was a member of terror outfit Lashkar-e-Taiba (LeT) and that he was killed in an encounter when he was in Gujarat to assassinate a big political leader. However, Shaikhs brother, Rubabuddin sent a letter to the Chief Justice of India in 2006, claiming that his brothers killing was staged and sought an inquiry into the case.
On December 27, 2006, a team of Rajasthan and Gujarat police take Prajapati from Udaipur and allegedly kill him in an encounter near Sarhad Chapri on the Gujarat-Rajasthan border.
Thereafter, in 2006, Shaikhs family approaches the Supreme Court for investigation into his encounter and seeks to know the whereabouts of Kausar Bi. The SC directs Gujarat state CID to conduct a probe in the case. The apex court then handed over the probe to the CBI in January 2010. The CBI filed a chargesheet against 38 persons on July 23, 2010. The chargesheet named the then Gujarat Home Minister Amit Shah, the then Rajasthan Home Minister Gulabchand Kataria, and senior IPS officials.
On September 27, 2012, the Supreme Court transfers the trial case from Gujarat to Mumbai as sought by the CBI to ensure a fair trial. On December 30, 2014, a special CBI court in Mumbai discharges Amit Shah from the case. Fifteen other accused, including Kataria and senior IPS officials, were also discharged subsequently.
On November 23, 2018, the special CBI court completes examination of witnesses and recording of statements of the accused persons under section 313 of the Criminal Procedure Code. A few days later, on December 5, 2018, the court closes the case for judgment on December 21, 2018, after completion of final arguments by prosecution and defence lawyers.
On December 21, 2018, the CBI court acquits all 22 accused in the case after observing that proseuction failed to establish any criminal charges against them.
Elton Gomes is a staff writer at Qrius