Supreme Court to examine 22 acquittals in Sohrabuddin Shaikh encounter case, but not Amit Shah’s discharge

The Supreme Court on Monday said it would examine an appeal concerning the acquittal of 22 accused, including 21 policemen, in the 2005 Sohrabuddin Shaikh encounter killing case, but dismissed a separate application challenging the discharge of the then Gujarat home minister Amit Shah, currently the Union home minister, in the case.

The court said 92 witnesses turning hostile is a “serious matter” as it set out to examine an appeal filed by the brother of the deceased against the Bombay high court’s judgement acquitting the 22 people earlier this year.

Issuing notice to the Central Bureau of Investigation (CBI) and the 22 accused on the appeal filed by Rubabuddin Shaikh, a bench headed by Chief Justice of India (CJI) Surya Kant said, “The high court has said witnesses turned hostile. 92 witnesses in a trial turning hostile is a serious matter.”

At the same time, the court dismissed an application moved by Maniar Kalpesh Kumar, who challenged the discharge of Shah. A trial court discharged Shah in December 2014; social activist Harsh Mander appealed this discharge in the Bombay high court, which agreed with the trial court. The high court’s decision was, on appeal by Mander, upheld by the Supreme Court on August 1, 2016.

Dismissing Maniar’s application for intervention, the bench said, “The application is dismissed in view of the earlier decision of this court….We cannot allow it to be reopened.”

On the question of acquittal of the 22, though, the bench, also comprising justices Joymalya Bagchi and V Mohana, said, “We like to see the statements of witnesses of both sides. We wish to examine whether there was a fair and just trial.”

Sohrabuddin was a small-time gangster who was killed with his wife, Kauser Bi, while travelling in a bus from Hyderabad to Sangli (Maharashtra) near Gandhinagar in 2005. His associate, Tulsiram Prajapati, who was present with the couple and was the sole witness, was killed in December 2006.

Posting the matter for hearing on October 28, the court did not direct the summoning of the entire case records but allowed Naidu and the lawyers for the accused to file the vital statements of witnesses supporting their case.

Senior advocate K Parmeshwar appeared for some of the accused.

Of the 22 accused who were acquitted, 21 were junior-level officers from the Gujarat and Rajasthan police. The 22nd was the owner of a farmhouse in Gujarat, where Shaikh and his wife, Kausar Bi, were allegedly illegally detained before being killed.