The Central Bureau of Investigation (CBI) informed the Bombay High Court that it will not challenge the 2018 acquittal of all 22 accused in the alleged fake encounter case of Sohrabuddin Shaikh and his aide Tulsiram Prajapati, reported the PTI.

The CBI’s stand was conveyed by Additional Solicitor General Anil Singh during a hearing on Wednesday before a bench comprising Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad.

“We (CBI) have accepted the acquittal judgment,” Singh told the bench.

In December 2018, a special CBI court in Mumbai had acquitted all the accused, citing lack of evidence, failure to establish a conspiracy, and the prosecution’s inability to prove the case beyond reasonable doubt.

The appellants claimed that the trial was flawed. They alleged that some witnesses had claimed that their testimonies were not accurately recorded by the trial court.

The appeal sought quashing of the verdict delivered by the special court and re-trial of the case.

While acquitting the 22 accused, the special court cited insufficient evidence and the prosecution`s failure to prove its case beyond a reasonable doubt.
The court stated that the CBI had failed to prove any nexus between (police) officers and local politicians.

The acquittal was challenged in 2019 by Shaikh’s brothers, Rubabuddin and Nayabuddin, who alleged that the trial process was flawed and that some witnesses` testimonies were not accurately recorded by the court.

During the latest hearing, the High Court directed the appellants to submit a chart of the witnesses whose statements were allegedly misrepresented and adjourned the matter to 15 October, according to the PTI.

Shaikh was killed in November 2006 in an alleged police encounter near Ahmedabad, while his wife, Kausar Bi, was also allegedly murdered.

In December 2006, Tulsiram Prajapati, said to be a key witness, was also killed in a separate encounter.

The Supreme Court had later transferred the investigation to the CBI, and the trial was moved to Mumbai.

The special court, in its 2018 verdict, noted that the CBI had failed to establish a link between the accused, including police officers and local politicians, and the alleged killings.

(with PTI inputs)

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