Sohrabuddin Case: A pre-conceived theory to implicate political leaders, says CBI court

NEW DELHI: A Special CBI Court that recently acquitted all 22 accused in the politically sensitive alleged fake encounter case of Sohrabuddin Shaikh, his wife Kausar Bi and his aide Tulsiram Prajapati the prosecution “tried”, it failed to prove any “politician-police” nexus.

Twelve years after the sensational killing special CBI Judge S.J. Sharma on December 21 acquitted all 22 accused saying “witnesses and proofs were not satisfactory” while expressing sorrow over the loss of three lives.

“I have no hesitation to conclude that the evidence which has been laid and adduced and as discussed and appreciated vividly prosecution has though tried but has failed to prove any such politician police nexus as allegation of influencing witness for withdrawing petition filed before Hon’ble Supreme court by offering Rs.50 lacs is not only proved by prosecution but there appears to be conflicting and contradictory version about it,” he said.

“The Central Bureau of Investigation while investigating the Sohrabuddin case was trying to establish a pre-conceived and pre-meditated theory, rather than finding the truth. The entire investigation was targeted to act upon a script to achieve the goal to anyhow implicate political leaders….,” Judge Sharma said.

Copy of the full 358-page judgement was made public on Monday. Judge Sharma retires on December 31, 2018.

The court said that, “Almost all witnesses in their earlier (statement) had not said anything about politician and political nexus but somehow after year they come out with such nexus theory… prosecution has though tried but has failed to prove any such politician police nexus,” the court said.

“Further there is no material… proving even prima facie element of extortion from marble lobby of Rajasthan by politicians who were initially arraigned as accused by CBI investigators,” the court said.

In his last judgment, Judge Sharma said: “The accused, as seen from the material in the chargesheet, were certainly acting in discharge of their official duties. There is reasonable connection between the ‘act’ and discharge of official duty… The accused were doubtlessly a ‘public servant’ when the alleged offence is alleged to have been committed.”

The CBI had said that the Gujarat Anti-Terrorist Squad (ATS) and Rajasthan police had gunned down Sohrabuddin on November 26, 2005, in an alleged staged killing. Prajapati was also killed in a similar fashion on December 28, 2006, while Kausar Bi, who had witnessed the abduction of her husband (Sohrabuddin) was later raped and murdered.