Archive · 28 Sep 2026
Supreme Court Examines Challenge to Sohrabuddin Acquittals
The Supreme Court is looking at requests to question the acquittal of 22 people in an old case.
The case concerns the alleged killings of Sohrabuddin Shaikh, his wife Kausar Bi, and his associate Tulsiram Prajapati.
A special CBI court acquitted all 22 accused in December 2018.
The Bombay High Court later agreed with that decision.
Sohrabuddin’s brothers asked the Supreme Court to examine the High Court ruling.
The Supreme Court sent notices and wants to see statements from a few important witnesses.
The judges were concerned because 92 of 210 witnesses changed or withdrew their testimony during the trial.
Lawyers for some accused said the earlier courts had reached reasoned and matching decisions.
The Supreme Court said it would not reconsider Amit Shah’s separate discharge.
The Supreme Court issued notice on pleas challenging the acquittal of 22 accused in the 2005 alleged fake encounter case.
The accused include 21 police personnel from Gujarat and Rajasthan and a Gujarat farmhouse owner.
The petitions were filed by Sohrabuddin Shaikh’s brothers, Rubabuddin and Nayabuddin Shaikh, in separate or related proceedings.
The court will examine selected witness statements after noting that 92 of 210 prosecution witnesses turned hostile.
The Bombay High Court upheld the December 2018 acquittal, while the Supreme Court excluded Amit Shah’s earlier discharge from review.
- 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.
- When
- The alleged abduction occurred on November 22-23, 2005; the trial court acquitted the accused in December 2018; the matter was listed for further hearing on October 28.
- Where
- The alleged killings occurred near Ahmedabad and the Gujarat-Rajasthan border; the trial was shifted from Gujarat to Mumbai.
- Why
- The petitioners allege serious flaws in the trial, while the Supreme Court is assessing whether the large number of 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 proceedings had serious flaws, including the failure to summon magistrates connected with 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.
Meaning of hostile testimony
Challenge to Acquittal
The Supreme Court described 92 hostile witnesses as a serious concern requiring examination of whether the trial was fair and just.
Acquittal Defended
The High Court held that the hostile witnesses did not by themselves show that the trial was improperly conducted, while the trial court said conviction could not rest on suspicion or moral considerations.
Evidence supporting the prosecution
Challenge to Acquittal
The petitioners seek reversal of the acquittal or a retrial, arguing that the prosecution’s case and witness statements required closer scrutiny.
Acquittal Defended
The High Court said the case relied largely on circumstantial evidence, with missing links and no established proof of abduction, motive, conspiracy, or the accused’s involvement.
- 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 accused on pleas challenging the acquittals
- 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 its May 7 judgment
- Witness testimony
- 92 of 210 prosecution witnesses reportedly turned hostile
- Next hearing
- The matter was posted for further hearing on October 28
