The Supreme Court on Monday agreed to examine a plea challenging the Bombay High Court’s order acquitting 22 accused, including 21 police personnel, in the 2005 alleged fake encounter case involving gangster Sohrabuddin Shaikh, his wife Kausar Bi and his aide Tulsiram Prajapati.
“Ninety-two witnesses turning hostile is a concern. A bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana issued notice on the plea filed by Nayabuddin Shaikh, brother of Sohrabuddin Shaikh, challenging the May 7 judgment of the Bombay High Court that upheld the acquittal of the accused. Justice Bagchi observed that the fact that 92 prosecution witnesses had turned hostile was a matter requiring consideration, particularly in assessing whether the trial had been fair and just. The plea challenges the Bombay High Court’s May 7 order dismissing appeals filed by Rubabuddin and Nayabuddin Shaikh against the December 2018 judgment of a special CBI court in Mumbai, which had acquitted all 22 accused. Of the 22 accused acquitted in the case, 21 were police officers from Gujarat and Rajasthan.
Whether there was fair and just trial…that’s to be considered,” Justice Bagchi said.
