The Bombay High Court on Tuesday dismissed appeals filed against the December 2018 acquittal of all 22 accused in the 2005 Sohrabuddin Shaikh 'fake encounter' case. A division bench led by Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad ruled that the appeals lacked merit and upheld the trial court's judgment.
Background of the Case
The case pertains to the alleged fake encounters of Sohrabuddin Shaikh on November 26, 2005, between Narol Circle and Vishala Circle in Ahmedabad, and Tulsiram Prajapati on December 28, 2006, in Ambaji, Gujarat. Additionally, Sohrabuddin's wife, Kauser Bi, reportedly went missing and was allegedly burnt on November 27, 2005, with her body disposed of the next day in Illol village on the banks of the Narmada River. The case was registered in 2014 against officials from Gujarat and Rajasthan police.
Appeals Filed by the Brothers
The appeals were filed in April 2019 by Sohrabuddin's brothers, Rubabbudin Shaikh and Nayabuddin Shaikh, residents of Madhya Pradesh. They argued that the trial was flawed and that the loss of their brother and sister-in-law was irreparable. The appellants contended that the trial court's observations and conclusions were wholly contradictory to the evidence, devoid of reasonableness, and based on unwarranted assumptions and manifestly erroneous appreciation of evidence, leading to a miscarriage of justice. They sought the High Court's interference to secure the ends of justice.
The brothers also noted that the state, represented through the Central Bureau of Investigation (CBI), had not filed any appeal challenging the acquittal judgment.
Arguments in Court
The appellants' counsel, Gautam Tiwari, presented the case before the bench. Additional Solicitor General Anil Singh and Special Public Prosecutor Amit Munde appeared for the CBI. Senior counsel Amir Desai represented Narainsinh Dabhi, a former Gujarat Anti-Terrorism Squad (ATS) police inspector, who was among the acquitted. Several senior counsels for other accused opposed the appeal, arguing that the trial court's verdict was justified and reasoned, meriting no interference.
High Court's Decision
After hearing all parties at length, the High Court found no merit in the challenge and dismissed the appeals. The detailed order is expected to follow. All 22 accused, who were police officers from Gujarat and Rajasthan, have been acquitted.
