The Bombay High Court on Monday decided to hear all applications filed in Sohrabuddin Sheikh alleged fake encounter case from February 9 on a daily basis.
A single Bench of Justice Revati Mohite-dere was hearing a plea filed by Sohrabuddin’s brother Rubabuddin through his counsel Gautam Tiwari on August 8, 2017. The CBI court had discharged IPS officer D.G. Vanzara and policeman Dinesh M.N. from the case on August 1. Rubabuddin filed a revision plea seeking for the said order to be set aside on the grounds of insurmountable evidence against Mr Vanzara.
The HC has asked the CBI to submit a chart with names of officers whose discharge from the case has been challenged.
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Many of the accused were discharged when CBI failed to get prior sanctions to prosecute them.
PTI adds:
Justice Revati Mohite-Dere also said that she would hear the petitions filed by Sheikh’s brother Rubabuddin Sheikh and the Central Bureau of Investigation challenging the discharge of some of the accused on a daily basis.
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“Give a chart...containing the names of those whose discharge has been challenged, the charges and sections imposed by the CBI (against them) in the charge sheet,” the judge said.
Discharge by trial court
At an earlier hearing, the High Court had asked whether the mere lack of prior sanction was enough to discharge them. Justice Mohite-Dere had also asked why the CBI did not challenge the discharge of senior IPS officials in the case.
Today, as the CBI lawyer sought adjournment for three weeks, the High Court asked why the agency was not keen on expeditious hearing, as the trial has already started.
Sheikh’s lawyer also informed the court that several witnesses have turned hostile. “The trial began on November 28, so shouldn’t you be more anxious to ensure that the discharge pleas are heard soon? Why are you not more anxious?” Justice Mohite-Dere asked.
Alleged abduction
Sohrabuddin Sheikh, a gangster with alleged terror links, and his wife Kausar Bi were allegedly abducted by the Gujarat Anti-Terrorism Squad (ATS). Sheikh was killed in an alleged fake encounter near Gandhinagar in November 2005, after which his wife disappeared.
Tulsiram Prajapati, Sheikh’s aide and an eyewitness to the ‘fake’ encounter, was allegedly killed by Gujarat police in December 2006.
Vanzara, who was heading the ATS then, and some other senior police officials were charged by the CBI for conspiring to kill Sheikh and others in fake encounters. Of the 40 witnesses examined by the special court in Mumbai, 32 have turned hostile.