The Bombay High Court on Friday dismissed a petition challenging the discharge of Union Home Minister Amit Shah in the 2005-06 Sohrabuddin Sheikh fake encounter case. A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan rejected the plea filed by the widow of Sohrabuddin Sheikh, stating that there was no merit in the challenge.
Background of the Case
The Sohrabuddin Sheikh encounter case dates back to 2005-06, when Sheikh, a suspected gangster, was killed in a police encounter in Gujarat. His wife Kausar Bi was also allegedly killed. Amit Shah, who was the Gujarat Minister of State for Home at that time, was arrested by the Central Bureau of Investigation (CBI) in July 2010 on charges of conspiracy and murder. He was granted bail in October 2010.
Trial Court's Decision
In December 2014, a special CBI court discharged Shah from the case, citing lack of evidence. The court observed that the prosecution had failed to establish a prima facie case against him. The CBI had challenged this discharge in the Bombay High Court, but the petition was later withdrawn. However, the widow of Sohrabuddin Sheikh filed a separate plea challenging the discharge.
High Court's Ruling
The Bombay High Court, after hearing arguments from both sides, held that the trial court's order was legally sound. The bench noted that the petitioner had not provided any substantial grounds to interfere with the discharge order. The court also observed that the CBI's investigation did not uncover any direct evidence linking Shah to the encounter.
Key Points from the Judgment:
- The trial court's discharge order was based on a thorough examination of evidence.
- No prima facie case was made out against Amit Shah.
- The petitioner's plea lacked merit and was dismissed.
Reactions
Following the verdict, Amit Shah's legal team expressed satisfaction, stating that the truth had prevailed. The petitioner's lawyer, however, indicated that they would consider filing an appeal in the Supreme Court.
The Sohrabuddin Sheikh case has been a politically sensitive issue, with opposition parties accusing the BJP-led government of shielding Shah. The High Court's decision is likely to intensify the political debate ahead of the upcoming elections.
