Mumbai: The trial in the case related to the alleged fake encounters of Sohrabuddin Sheikh and Tulsiram Prajapati will start next week, with the special CBI court here issuing summonses to over 20 witnesses. “The court has issued summons to Sohrabuddin’s brother Nayamuddin and some others, and the recording of evidence will start from November 29,” special CBI prosecutor B.P. Raju said.
Last month, the court had framed charges against 22 accused for murder, abduction and destruction of evidence under the IPC and for offences under the Arms Act. All accused pleaded ‘not guilty’. BJP president Amit Shah, Rajasthan Home Minister Gulabchand Kataria, Rajasthan-based businessman Vimal Patni, former Gujarat police chief P.C. Pande, Additional DGP Geeta Johri and Gujarat police officers Abhay Chudasama and N.K. Amin were discharged in the case.
Also discharged in the case were senior Ahmedabad District Co-operative Bank officials Yashpal Chudasama and Ajay Patel, Gujarat IPS officer Rajkumar Pandiyan and Andhra Pradesh-cadre IPS officer N. Balasubramanyam, Rajasthan IPS officer Dinesh M.N. and former senior Gujarat police officer D.G. Vanzara.
In November 2005, Sheikh and his wife Kausar Bi were allegedly abducted by the Gujarat police’s Anti-Terrorism Squad from Hyderabad, while they were headed to Sangli. Sheikh was allegedly killed in a fake encounter near Gandhinagar. His wife disappeared. She too was believed to have been done to death.
Prajapati, an aide of Sheikh’s and eyewitness to the encounter, was allegedly killed by police at Chapri village in Gujarat’s Banaskantha district in December 2006.
The fake encounter case was transferred to Mumbai in September 2012 on the request of the CBI, which said it was necessary to ensure a fair trial.
In 2013, the Supreme Court clubbed the Sheikh and Prajapati encounter cases.
Change judge: brother
However, his brother Rubabuddin is unhappy with the trial.
On November 2, the Bombay High Court had refused to stay the trial as Rubabuddin had appealed against the discharge of Mr. Vanzara and Dinesh M.N. The court had also issued notices to the police officers to file a reply. Another HC Bench had also demanded to know why the CBI hadn’t challenged the trial court’s order discharging senior IPS officials in the case.
Mr. Rubabuddin said, “I don’t want the trial to start now. Mr. Vanzara and Dinesh M.N. are yet to reply to my HC application challenging their discharge in the case, so why the hurry in starting the trial? I didn’t seek for it, I don’t even want it.’ He also expressed unhappiness with the special CBI judge hearing the case, Sunil Kumar Sharma. “I don’t want him to preside over the trial. This case has a history of judges being changed, and I want the judge to be changed.” — With PTI inputs
