Supreme Court seeks CBI reply on Sohrabuddin acquittal appeal
Supreme Court asks CBI to respond to appeal challenging acquittal of 22 accused in Sohrabuddin fake encounter case involving 2005 killings.
The Supreme Court has refused to reopen the discharge of Union Home Minister Amit Shah in the Sohrabuddin Shaikh fake encounter case but has asked the Central Bureau of Investigation (CBI) to respond to an appeal challenging the acquittal of the remaining 22 accused. The case involves the alleged killing of Shaikh, his wife Kauser Bi, and associate Tulsiram Prajapati in a staged police encounter in 2005.
The court, led by Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana, made it clear that Shah’s discharge, granted in 2014 by a Bombay High Court judge, would not be reconsidered. The Court clarified that it was not inclined to re-examine the High Court’s findings on this aspect, specifically paragraph 43. However, the court expressed concern over the acquittal of the other 22 accused, including 21 police personnel, and sought witness statements to assess whether the trial was fair.
The appeal was filed by Rubabuddin Shaikh, Sohrabuddin’s brother, challenging the Bombay High Court’s May 7 decision to uphold the acquittal of all accused. The case originated from an incident on November 23, 2005, when Sohrabuddin, Kauser Bi, and Prajapati were allegedly abducted from a bus in Gujarat. The CBI later claimed the three were killed in fake encounters, with Kauser Bi’s body disposed of secretly.
The trial, initially in Gujarat, was transferred to Mumbai in 2012 at the CBI’s request. It involved multiple judges, including Justice BH Loya, who died mid-trial in 2014. Judge MB Gosavi discharged Shah in December that year, a decision later upheld by both the High Court and the Supreme Court. In 2018, a special CBI judge acquitted all 22 accused after 210 witnesses were examined, but the prosecution collapsed when 92 turned hostile.
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The trial judge’s 358-page verdict noted sympathy for the victims’ family but ruled that the evidence was insufficient for conviction. The acquittal was challenged in the High Court in 2019, but the CBI stated it had no plans to appeal. The High Court upheld the acquittal in May 2025, prompting Rubabuddin’s appeal to the Supreme Court.
During the hearing, Senior Advocate Dama Seshadri Naidu, representing Rubabuddin, argued that the killings were cold-blooded and that witnesses turned hostile due to pressure from the police. Senior Advocate K Parameswar, representing the acquitted, countered that the trial was fair and well-reasoned, with no legal errors.
The Court wants to examine witness statements in the case, to satisfy itself that there has been a fair trial. The bench also noted that Nayabuddin Shaikh, another brother of Sohrabuddin, has filed a separate appeal, though it remains pending due to procedural defects. The court has directed both sides to submit witness statements to support their arguments.
