2005 'fake' encounter of gangster Sohrabuddin Shaikh: HC upholds acquittal of 22 persons
Mumbai (PTI): The Bombay High Court on Thursday upheld the acquittal of the 22 accused in the 2005 case of the alleged fake encounter of gangster Sohrabuddin Shaikh, his wife Kausar Bi and his aide Tulsiram Prajapati.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad dismissed the appeals filed by Shaikh's brothers, Rubabuddin and Nayabuddin, challenging the December 2018 judgment of a special court acquitting all the accused in the case.
Among the 22 accused acquitted, 21 were junior-level officers from Gujarat and Rajasthan police, who were allegedly part of the teams that abducted the three and later killed them in staged encounters.
The remaining one accused was the owner of a farmhouse in Gujarat, where Shaikh and Kausar Bi were allegedly illegally detained before they were killed.
A detailed copy of the judgment would be made available later.
The special court, while acquitting the accused, had observed that the prosecution failed to establish a cogent case to suggest there had been any conspiracy to kill Shaikh and the others, and that the present accused persons had any role in it.
In April 2019, Shaikh's brothers filed an appeal in the high court. The prosecuting agency, Central Bureau of Investigation (CBI), told HC last year that it had accepted the acquittal judgment and was not going to appeal.
Sohrabuddin was killed in November 2005 in an alleged fake encounter near Ahmedabad by the Gujarat police. His wife, Kausar Bi, was also killed a few days later, as per the probing agency.
A year later, in December 2006, Prajapati, considered a key eyewitness, was killed in another alleged encounter.
The probe in the case was handed over to the CBI by the Supreme Court, and the trial was shifted to Mumbai.
Sohrabuddin's brothers in the appeal claimed that the trial was flawed and cited instances where witnesses later claimed that their testimonies were not accurately recorded by the trial court.
The appeal sought that the judgment be quashed and a retrial be held in the case.
The special court, in its judgment, had cited insufficient evidence and the prosecution's failure to prove its case beyond a reasonable doubt.
The trial court had said that the CBI failed to prove there existed any nexus between these officers and the local politicians, some of whom were also accused in the case but later discharged.
Shaikh, his wife and aide, who were returning to Sangli in Maharashtra from Hyderabad in a bus, were taken into custody by a police team on the night of November 22-23, 2005. The couple was taken in one vehicle and Prajapati in another.
As per the CBI, Shaikh was killed on November 26, 2005, allegedly by a joint team comprising Gujarat and Rajasthan police, and Kausar Bi three days later.
Prajapati, who was lodged in an Udaipur central jail, was killed in an encounter on the Gujarat-Rajasthan border on December 27, 2006.
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BCCI decision to shift IPL finals to Ahmedabad may be due to commercial viability: Minister
Bengaluru (PTI): Karnataka Home Minister G Parameshwra on Thursday said that the BCCI might have decided to shift the IPL finals venue from Bengaluru to Ahmedabad considering commercial viability.
He clarified that distributing tickets to MLAs has nothing to do with shifting the final match, while asserting that there have been no complaints regarding security or arrangements in Bengaluru.
Ahmedabad will host the IPL final for a second successive season on May 31, replacing the "originally designated" Bengaluru, the BCCI announced on Wednesday while allotting Qualifier 1 to Dharamsala and two other playoff games to New Chandigarh.
"There have been five matches here and there hasn't been even a single complaint regarding security. They (BCCI) have no reservations regarding the arrangements. There have been no complaints about police or administration from the IPL, RCB or KSCA," Parameshwara said.
Speaking to reporters here, he said, "Unofficially, what we have learned is that the stadium (Chinnaswamy stadium) here has about 33,000 seats, and of those, about 7,000-8,000 passes or seats are blocked for VIPs, sponsors, RCB, and the teams playing the final match. Only about 25,000 passes will remain."
"Since it will not work out commercially, they might have decided to shift the match to Ahmedabad, which has a one-lakh seat capacity. This discussion has been ongoing since the beginning. While KSCA wanted the match to happen here citing rules that the first and last matches should be held at the reigning champion's home turf, perhaps they (BCCI) made an exception," he added.
Rejecting reports that giving match passes to legislators was the reason behind shifting the match, the home minister said, "This has nothing to do with it. How many passes have been given? What difference will four passes make?"
Karnataka Deputy Chief Minister D K Shivakumar also on Wednesday refuted allegations that the IPL final venue was shifted from Bengaluru to Ahmedabad due to the distribution of tickets to MLAs. He said the reason for the shift could be the availability of a larger stadium in Ahmedabad.
Bengaluru was scheduled to host the final going by convention as Royal Challengers Bengaluru are the defending champions. Apart from last year, Ahmedabad has previously hosted the IPL finale in 2022 and 2023.
"Bengaluru was originally designated to host the final. However, owing to certain requirements from the local association and authorities that were beyond the scope of BCCI's established guidelines and protocols, the venue has been shifted and reassigned," the BCCI stated in a press release without specifying the exact requirements in the Karnataka capital.
In March, Shivakumar announced that three free tickets for IPL matches would be provided to each MLA, while two complimentary tickets would be given for international matches, with an option to purchase two more, following discussions with representatives of the Karnataka State Cricket Association, which manages the city's Chinnaswamy stadium. This drew criticism from various sections.
Shivakumar's announcement followed legislators across party lines in the Assembly raising the issue of improper ticket and seating arrangements for them at the city's premier venue. Following this, Speaker U T Khader had asked the government to ensure that every MLA receives four VIP tickets at the stadium during matches.
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