Sohrabuddin’s Brother Says Justice Not Done, to Move Higher Judiciary

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Sohrabuddin Anwar Hussain Sheikh and his wife Kausar Bi.

Rubabuddin Sheikh, brother of the late Sohrabuddin Sheikh, accuses both the CBI court and the CBI of being “corrupt” and failing to deliver justice in the infamous encounter case involving high-profile men

Caravan News

NEW DELHI/MUMBAI— Making serious accusations against the CBI court that acquitted all 22 accused in the infamous 2005 Sohrabuddin Sheikh and Tulsiram Prajapati encounter case and rape-cum-murder of Kausar Bi, Sohrabuddin’s younger brother Rubabuddin Sheikh has alleged that the CBI judge and CBI both are “corrupt” as statements of some key witnesses have not been taken into account in the case and no mention about Kausar bi’s alleged rape and murder was made in the verdict.

Speaking to the media Saturday, Rubabuddin said, “Judge SJ Sharma, CBI are corrupt….They have saved everyone. We will go to the High Court and the Supreme Court. They did not call Rajnish Rai, Raman Patel, Dashrath Patel, Narmada Bai (witnesses). If they had called them, then everyone would have been punished. This judgment is not justice. If the judge had delivered judgment honestly, then they would have called them…and properly taken the statement of Mahendra Singh Jhala.”

“Nothing was discussed about Kausar Bi. Where did Kausar Bi disappear? While the Gujarat government had filed the affidavit on 17th March 2007 that Kausar Bi was killed. Despite this the entire judiciary didn’t find any proof,” Rubabuddin said.

The CBI court acquitted all 22 accused saying witnesses and proofs were not satisfactory.

There was enough evidence against the accused, but it seems that the court has turned a blind eye towards it. This judgment is just not right. It is not in the interest of justice

“Witnesses and proofs were not satisfactory to prove conspiracy and murder in the 2005 encounter killing,” said Special CBI judge S J  Sharma, who observed that the circumstantial evidence was not substantial.

Talking to The Indian Express, Rubabuddin said that with nobody being held responsible for his brother’s death, he will have to conclude that Sohrabuddin had killed himself.

“There was enough evidence against the accused, but it seems that the court has turned a blind eye towards it. This judgment is just not right. It is not in the interest of justice,” he was quoted as saying by English daily.

In September, the high court had dismissed Rubabuddin’s pleas against the trial court’s order discharging IPS officers, including D G Vanzara, Rajkumar Pandian and Dinesh M N.

Several top police officers of Gujarat and political figures, besides current BJP president Amit Shah, had been the key accused in the case and were sent to jail in the encounter killing of Sohrabuddin Sheikh, his wife Kausar Bi and Tulsiram Prajapati. While Sheikh and his wife were killed in December 2005, Prajapati was killed a year later.

Sohrabuddin Sheikh and his wife Kausar Bi were allegedly kidnapped 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 the Gujarat police in December 2006.

Of the 38 people charged, 16 people – including BJP chief Amit Shah, former top cop DG Vanzara and other police officers — had been discharged within six months of the BJP government taking charge at the Centre. As many as 92 prosecution witnesses had turned hostile.

Delivering his judgment, an apparently helpless Judge Sharma had said: “I am sorry to the families of all the deceased but the way evidence was presented before me, prosecutions’ case against the accused could not be substantiated.”

The Sohrabuddin encounter case was first being heard by Judge J T Utpat, then Judge B H Loya. After the mysterious and controversial death of judge Loya, first M B Gosavi and then Sharma presided over the trial.

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