Mumbai: The Sohrabuddin encounter case still awaits justice while his two brothers are scared to appear as witnesses in the alleged fake encounter case.
The special court Judge hearing the case on Tuesday said since Sohrabuddin’s brothers Rubabuddin and Shahnawazuddin are “not willing to appear” before the court as witnesses, the CBI should proceed with the trial to examine the chief investigating officers by the end of this month.
The two brothers were summoned as prosecution witnesses but have not appeared before the court so far.
When Rubabuddin was contacted he said that the trial was “not being conducted properly” since the CBI is intending to save the guilty.
The CBI submitted a report before the court on Tuesday stating the number of times the two brothers were summoned before the court.
“Uptil now, the prosecution was kept at liberty to produce these witnesses, however, the efforts of the prosecution from their correspondence placed before me clearly shows that the prosecution is keen to examine these witnesses but they themselves are avoiding to appear and depose… Since these witnesses are not willing to appear in court to lead evidence, it will be just and proper now to proceed with the case by examining the investigation officers and the chief investigating officers,” special Judge S J Sharma said.
Earlier on 6 August Rubabuddin’s advocate had stated that he had met with an accident and asked for another date which was scheduled for September 1 but Rubab did not appear again.
The court called it a “delay tactic” and told CBI no further summons or warrants will be issued against him but the prosecution can produce the brothers before the court without prior notice.
The CBI had then communicated the same through a letter asking Rubab to appear on or before October 16.
The CBI’s report submitted in court stated that Rubab was notified of the same through a letter. Though he received the letter he had then said he would have to ask his lawyer first refusing to give a date of his appearance before the court.
When Rubab was contacted again he said the court should have asked the CBI or him directly about his objection from appearing as a witness in the case.
“I have complete faith in the judiciary of this country but from what I have seen, the trial in the case of my brother is not happening properly. Yeh nyayhit mey nahi ho raha, kanooni tareeqe se nahi ho raha (This is not proceeding in the interest of justice. Legal procedures are not being followed). The CBI is trying to save the accused and finish the case as soon as possible. Why has the CBI not examined those who had given an affidavit before the Supreme Court in 2007 stating that my brother was murdered? The CBI did not even challenge the discharge of most of the accused,” Rubabuddin asked.
He also mentioned on taking advice on approaching the Supreme Court.
When Shahnawazuddin was summoned, he did not appear before the court either despite repeated summons.
When Shahabuddin was contacted, he said: “I have not received the summons, how can I appear before the court? I will appear if I am provided proper security and summons,” against what CBI had claimed regarding summoning Shahnawaz.