2 hrs ago
Supreme Court Reviews Challenge to Sohrabuddin Acquittals
The Supreme Court is looking at a request to reconsider the acquittal of 22 people in an old case.
The case concerns the alleged killings of Sohrabuddin Shaikh, his wife Kauser Bi, and his associate Tulsiram Prajapati.
A lower court cleared all 22 accused in 2018, and the Bombay High Court later upheld that decision.
Sohrabuddin’s brothers asked the Supreme Court to review the High Court ruling.
The Supreme Court has sent notices to the CBI and the accused.
It wants to study statements from some important witnesses.
The judges were concerned because 92 witnesses changed or withdrew their testimony during the trial.
The court said it would not reopen the separate issue of Amit Shah’s discharge.
The Supreme Court issued notice to the CBI and 22 accused over a plea challenging their acquittal in the alleged 2005 fake encounter case.
The plea was filed by Sohrabuddin Shaikh’s brothers, with reports identifying Rubabuddin and Nayabuddin Shaikh as petitioners in separate or related proceedings.
The accused include 21 police personnel from Gujarat and Rajasthan and a Gujarat farmhouse owner.
The court will examine selected witness statements after noting that 92 of 210 prosecution witnesses turned hostile during the trial.
The Bombay High Court upheld the Special CBI Court’s December 2018 acquittal, while the Supreme Court said it would not reconsider Amit Shah’s earlier discharge.
- Who
- The Supreme Court, Sohrabuddin Shaikh’s brothers Rubabuddin and Nayabuddin, the CBI, and 22 acquitted accused.
- What
- The Supreme Court issued notice on pleas challenging the Bombay High Court’s decision to uphold the acquittal of 22 accused.
- Where
- The alleged killings occurred near Ahmedabad and the Gujarat-Rajasthan border; the trial was shifted from Gujarat to Mumbai.
- When
- The alleged abduction occurred on November 22-23, 2005; the trial court acquitted the accused in December 2018; the Supreme Court listed the matter for October 28.
- Why
- The petitioners allege serious flaws in the trial, while the Supreme Court wants to assess whether the 92 hostile witnesses affected the fairness of the proceedings.
Challenge to Acquittal
Acquittal Defended
Whether the trial was fair
Challenge to Acquittal
The petitioners argue that the trial had serious flaws, including the failure to summon magistrates linked to earlier statements by hostile witnesses.
Acquittal Defended
Counsel for some accused said the acquittals were concurrent findings based on reasoned judgments and sought an early hearing.
Significance of hostile witnesses
Challenge to Acquittal
The Supreme Court said that 92 witnesses turning hostile was a serious concern requiring examination of whether the trial was fair and just.
Acquittal Defended
The trial court held that the accused could not be convicted on suspicion or moral considerations without cogent evidence proving conspiracy and murder.
Scope of Supreme Court review
Challenge to Acquittal
The petitioners seek reversal of the acquittal or a retrial under Section 386(a) of the Code of Criminal Procedure.
Acquittal Defended
The Supreme Court said it would examine selected witness statements but would not reconsider Amit Shah’s earlier discharge.
Key facts
- Accused acquitted
- 22 people, including 21 police personnel and a Gujarat farmhouse owner
- Petitioners
- Rubabuddin Shaikh and Nayabuddin Shaikh, brothers of Sohrabuddin Shaikh
- Supreme Court action
- Notice issued to the CBI and the 22 accused
- Earlier acquittal
- A Special CBI Court in Mumbai acquitted all 22 accused in December 2018
- High Court ruling
- The Bombay High Court upheld the acquittal in a judgment dated May 7
- Witnesses
- 92 of 210 prosecution witnesses reportedly turned hostile
- Next hearing
- The matter was posted for further hearing on October 28
Quotes
Chief Justice Surya Kant
Chief Justice of India and member of the Supreme Court bench hearing the plea.
“92 witnesses turning hostile is a serious concern. Although it was a concurrent finding (of acquittal), whether there was a fair and just trial -- that's to be considered. We would like to see the statements of some of the witnesses; we want to satisfy ourselves.”
m.rediff.com
thehansindia.com
“We would like to see statements of some witnesses. We are not summoning the record. You give us whatever three-four statements you feel are vital. We will examine the acquittal.”
m.rediff.com
Sources
Related news
Supreme Court Seeks Witness Statements in Amit Shah Acquittal Plea
Bombay High Court Notices Padamsinh Patil Over Acquittal Appeal
Supreme Court Cancels Bail in Neemuch Firing Case
Surendra Koli Acquitted in Nithari Cases, Later Found Dead
Bombay High Court Acquits Man in 2016 Vile Parle Murder
Supreme Court Seeks Allahabad HC Report on Lakhimpur Trial Judge
Food Companies Challenge FSSAI’s Proposed Red Warnings Before Supreme Court
Nilekani Panel Consults Radhakrishnan On NTA Exam Reforms
Supreme Court Suggests AI to Resolve Trinamool Faction Dispute
Supreme Court Upholds Telangana Four-Year Rule for Local Reservation
