1 week ago
Sohrabuddin Sheikh brother challenges acquittal of 22 in Supreme Court
Nayabuddin Sheikh is asking India’s Supreme Court to review the acquittal of 22 people.
The case involves the alleged staged killing of his brother, Sohrabuddin Sheikh.
It also concerns the alleged killings of Sohrabuddin’s wife, Kausar Bi, and his aide, Tulsiram Prajapati.
Police had described the deaths as encounters, but the prosecution alleged they were planned killings.
A lower court acquitted everyone accused in the case in 2018.
The Bombay High Court later upheld those acquittals.
The High Court said the evidence had important gaps and did not prove the alleged conspiracy.
Nayabuddin’s petition argues that the trial was flawed and that witness statements were not properly recorded.
Nayabuddin Sheikh has challenged the Bombay High Court’s decision upholding the acquittal of 22 accused.
The case concerns the alleged staged encounter killings of Sohrabuddin Sheikh and Tulsiram Prajapati, and the alleged murder of Kausar Bi.
The Supreme Court plea was filed on August 13 against the High Court’s May 7 judgment.
A special Central Bureau of Investigation court acquitted all accused in December 2018, citing failure to prove a conspiracy beyond reasonable doubt.
The High Court said the prosecution’s circumstantial case had broken links and did not establish abduction, motive, or a politician-police nexus.
- Who
- Nayabuddin Sheikh has petitioned against the acquittal of 22 accused, including 21 police officers; the case involves Sohrabuddin Sheikh, Kausar Bi, and Tulsiram Prajapati.
- What
- He has challenged the Bombay High Court’s decision upholding the acquittals in the alleged staged-encounter case.
- Where
- The alleged killings occurred in Gujarat, while Sohrabuddin and Kausar Bi were reportedly stopped while travelling from Hyderabad to Sangli in Maharashtra.
- When
- The plea was filed on August 13; the High Court judgment was issued on May 7, and the special CBI court acquitted the accused in December 2018.
- Why
- Nayabuddin alleges that the trial was flawed and that witness statements were not accurately recorded; the courts found the prosecution had not proved its case beyond reasonable doubt.
Petitioner’s allegations
Courts’ findings
Validity of the trial
Petitioner’s allegations
Nayabuddin Sheikh and his brother Rubabuddin Sheikh alleged that the trial was flawed and that several witness statements were not recorded accurately.
Courts’ findings
The Bombay High Court found that the large number of hostile witnesses did not by itself show that the trial had been improperly conducted.
Nature of the deaths
Petitioner’s allegations
The prosecution and the family alleged that the encounters involving Sohrabuddin Sheikh and Tulsiram Prajapati were staged, and that Kausar Bi was also murdered.
Courts’ findings
The High Court said the prosecution had not established that Sohrabuddin Sheikh and Kausar Bi were abducted by police or shown a motive for staging the alleged fake encounter.
Alleged conspiracy
Petitioner’s allegations
The case alleged a broader conspiracy involving police officers and a possible politician-police connection.
Courts’ findings
The special CBI court said the prosecution had not proved a conspiracy beyond reasonable doubt, while the High Court found no evidence of a politician-police nexus.
Key facts
- Petitioner
- Nayabuddin Sheikh, brother of Sohrabuddin Sheikh
- Challenge
- Petition against the Bombay High Court’s decision upholding 22 acquittals
- Accused acquitted
- 22 people, including 21 police officers
- Special court ruling
- A special Central Bureau of Investigation court acquitted all accused in December 2018
- Witnesses examined
- 210 witnesses were examined; 92 were declared hostile
- High Court finding
- The prosecution’s circumstantial case contained several broken links
- Earlier political figure acquitted
- Bharatiya Janata Party leader Amit Shah was among those previously acquitted
Sources
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