MUMBAI – The Bombay High Court on Thursday delivered a landmark judgment in the long-standing and controversial Sohrabuddin Sheikh alleged fake encounter case. A division bench comprising Chief Justice Chandrashekhar and Justice Gautam Ankhad dismissed the appeals challenging the 2018 verdict of a special CBI court, thereby upholding the acquittal of all 22 accused persons.
The court’s decision marks a significant legal conclusion to a case that has spanned over two decades and involved high-ranking police officials and political figures.
The Appeals and the CBI’s Stance
The appeals were filed by Sohrabuddin’s brothers, Rubabuddin and Nayabuddin Sheikh, who sought to overturn the trial court’s order. The trial court had previously acquitted 22 personnel from the Gujarat and Rajasthan police forces, citing a lack of substantial evidence.
Notably, during the proceedings, the Central Bureau of Investigation (CBI) clarified its position, stating it had accepted the special court’s decision and would not be filing its own appeal against the acquittals. This lack of a challenge from the premier investigating agency further narrowed the scope of the family’s legal challenge.
Background: A Trial Plagued by Hostile Witnesses
The case dates back to November 2005, when Sohrabuddin Sheikh and his wife, Kausar Bi, were allegedly abducted and killed in a staged encounter by a joint team of the Gujarat and Rajasthan police. A year later, in December 2006, Tulsiram Prajapati, a key witness to the abduction, was also killed in a separate police encounter.
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The prosecution’s case faced a significant hurdle during the trial. Out of the 210 witnesses examined:
- 92 witnesses turned hostile, retracting their initial statements.
- This mass “hostility” effectively dismantled the prosecution’s narrative, leaving the special court with insufficient material to link the 22 police personnel to a criminal conspiracy.
Political Context and Earlier Discharges
The Sohrabuddin case initially drew nationwide attention due to the high-profile individuals named in the CBI’s chargesheet, including current Union Home Minister Amit Shah and several senior IPS officers.
However, the legal landscape of the case changed significantly over the years:
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- In December 2014, Amit Shah was discharged from the case.
- Out of the original 38 accused, 16 (mostly senior officers and politicians) were discharged at various stages before the trial reached its conclusion.
- The remaining 22 accused, primarily lower-ranking police personnel, faced the final trial and have now been cleared by both the trial court and the High Court.
Family’s Loss of Faith in Justice
During the hearing, a somber note was struck when it was revealed that Tulsiram Prajapati’s mother and Sohrabuddin’s brothers had, at various points, expressed a reluctance to testify or proceed. Their legal representatives argued that with the “main” accused already discharged, the family had lost confidence in the judicial process, feeling that the trial against the foot soldiers was a futile exercise.
With the High Court’s latest ruling, the legal battle over one of India’s most high-profile encounter cases appears to have reached its final chapter.