Sohrabuddin Sheikh case: CBI accepts 2018 acquittal of 22 cops, tells Bombay HC it will not appeal

The Central Bureau of Investigation (CBI) informed the Bombay High Court on Wednesday that it has accepted the 2018 judgment of a special CBI court acquitting all 22 accused in the alleged fake encounter case of gangster Sohrabuddin Sheikh and his associate Tulsiram Prajapati. The agency said it will not challenge the verdict.

CBI’s stand before the high court

Appearing before a division bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad, Additional Solicitor General Anil Singh said the CBI would not be filing an appeal against the special court’s decision. The bench was hearing a petition filed by Sohrabuddin’s brothers, Rubabuddin and Nayabuddin Sheikh, who had challenged the acquittal order in April 2019.

Background of the case

Sohrabuddin Sheikh, a wanted criminal, was allegedly killed in a staged encounter by the Gujarat Police in November 2005. He and his wife, Kauser Bi, were reportedly travelling by bus from Hyderabad to Sangli in Maharashtra when Gujarat and Rajasthan police personnel intercepted them. The couple was allegedly abducted and later shot dead near Gandhinagar.

According to the case records, a sub-inspector was accused of raping Kauser Bi before killing her. Tulsiram Prajapati, said to be the sole witness to the killings, was in police custody at the time but was also killed in another alleged extra-judicial encounter in December 2006, with officers claiming he was shot while trying to escape.

Following public outcry and judicial scrutiny, the Supreme Court transferred the case to the CBI, and the trial was later moved to Mumbai.

Petitioners allege flaws in trial process

The Sheikh brothers argued before the high court that the trial was “flawed” and that several witnesses’ testimonies were not properly recorded by the trial court. They urged that the 2018 acquittal be set aside and the entire case be reheard.

The bench directed the petitioners to file a detailed chart identifying which witnesses’ statements they claimed had been improperly recorded. The matter will be heard next on October 15.

2018 verdict had cited lack of evidence

In its December 2018 ruling, the special CBI court had acquitted all 22 accused, holding that the prosecution had failed to prove its case beyond reasonable doubt. The court observed that the evidence was insufficient and that the agency had not established any link between police officials and politicians allegedly involved in the case.

The CBI’s latest statement to the high court effectively brings its role in pursuing the case to a close, leaving the appeal by Sohrabuddin’s family as the only active challenge to the acquittal.