The Supreme Court on Monday agreed to examine a petition challenging the acquittal of 22 individuals in the 2005 Sohrabuddin Sheikh encounter case. The bench, however, made it clear that it will not reopen or revisit the discharge granted to Union Home Minister Amit Shah.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued formal notices to the Central Bureau of Investigation (CBI) and the acquitted respondents. These proceedings follow an appeal filed by Rubabuddin Sheikh, the brother of the deceased. This was reported by LiveLaw.
Supreme Court Flags High Number of Hostile Witnesses
During the preliminary hearing, the bench expressed deep concern over the conduct of the trial. Out of 210 prosecution witnesses examined during the proceedings, a staggering 92 turned hostile.
Chief Justice Surya Kant remarked that such a high proportion of retracted testimonies warrants closer scrutiny. The court indicated that it wants to examine the records and witness depositions directly before reaching a conclusion.
Appearing for the petitioner, Senior Advocate Dama Seshadri Naidu argued that the encounter was staged in cold blood. He submitted that circumstantial evidence and witness intimidation had compromised justice, according to coverage by Bar and Bench.
Bench Draws a Firm Line on Amit Shah’s Discharge
While the apex court agreed to scrutinize the acquittals of the operational police personnel, it firmly barred any attempt to re-litigate Amit Shah’s discharge.
Amit Shah was discharged by a Special CBI Court in Mumbai in December 2014 due to a lack of prima facie evidence. That discharge was subsequently affirmed by both the Bombay High Court and the Supreme Court. These rulings came across separate review petitions.
The bench refused to entertain challenges targeting paragraph 43 of the Bombay High Court’s recent verdict. That section had dismissed an intervention application against Shah. It noted it was filed by political adversaries with oblique motives, as highlighted by The Indian Express.
Defense Cites Concurrent Findings of Acquittal
Senior Advocate K. Parameshwar, representing several of the acquitted police officers, opposed reopening the dispute. He stated that both the trial court and the Bombay High Court had delivered detailed, reasoned judgments. These judgments were based on the available evidence.
The defense emphasized that the prosecution failed to prove that Sohrabuddin Sheikh and his wife Kausar Bi were abducted by police units. They also argued that hostile witnesses alone cannot invalidate years of judicial evaluation.
Defense counsel requested an expeditious hearing so that the respondents do not remain subject to prolonged legal uncertainty after decades of litigation.
Background of the 2005 Encounter Case
The case dates back to November 2005, when Sohrabuddin Sheikh was killed in an alleged encounter near Ahmedabad by a joint team of Gujarat and Rajasthan police. His wife Kausar Bi went missing shortly after. She was allegedly murdered.
A year later, key associate Tulsi Prajapati was also killed in a police shootout in Banaskantha. While the CBI initially charge-sheeted 38 individuals, the Special CBI Court acquitted all remaining 22 accused in 2018. This was for want of conclusive evidence.
The Supreme Court has now sought detailed responses from the CBI and tagged related petitions for upcoming hearings.
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