Sohrabuddin Sheikh ‘fake’ encounter case: final hearing in Bombay HC on Dec. 5

Mr. Jindal
3 Min Read

The Bombay High Court has scheduled for December 5 the final hearing of appeals challenging the acquittal of all 22 accused in the alleged fake encounter killings of Sohrabuddin Sheikh, his wife Kauser Bi, and associate Tulsiram Prajapati.

The appeals filed by Sohrabuddin Sheikh’s brothers Rubabuddin and Nayabuddin Sheikh in 2019 against the acquittal of the accused have been pending for over six years. 

A Division Bench of Chief Justice Shree Chandrashekhar and Justice Gautam A. Ankhad on Wednesday expressed concern over the delay and the absence of some respondents during previous hearings. The order, made available on Thursday, stated, “Notwithstanding pendency of these criminal appeals since 2019 and hearing conducted on the last four occasions in the last about three years, some of the respondents are not appearing through their learned counsels.” 

The court directed the Central Bureau of Investigation (CBI) to ensure that notice is served on the respondents who have not appeared in the proceedings through the officers in charge of the respective police stations. It also allowed the respondents to submit additional documents.

Gautam Tiwari, the counsel for the appellants, informed the Bench that a compilation of relevant documents and witness depositions had been prepared and would be filed within a week.

Senior advocates Anil C. Singh, appearing for the CBI, and Amit Desai, representing one of the respondents, assured the Bench that written submissions would be filed by December 4. Other respondents were also granted the same deadline.

The matter will be heard at 3 p.m. on December 5. 

Case background

The case dates back to November 2005, when gangster Sohrabuddin Sheikh was killed by Gujarat and Rajasthan police personnel in an alleged encounter. His wife was allegedly abducted and killed days later, while the gangster’s aide was shot dead in December 2006. 

The CBI took over the probe in 2010, naming several senior police officers and a former Gujarat Home Minister in its chargesheet. 

In December 2018, a special CBI court in Mumbai acquitted all the accused, citing a lack of evidence and noting that key witnesses had turned hostile. Sohrabuddin Sheikh’s brothers challenged the acquittals in the Bombay High Court in 2019, leading to the current appeals. 

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