Sohrabuddin ‘fake’ encounter case: Bombay High Court asks CBI why discharge of officers was not challenged

She gave oral instructions to the CBI to refrain from framing charges against the accused till October 12, when the HC will hear the case again. The court also asked the CBI counsel why it had just opposed the discharge of sub-inspectors and constables, and not the IPS officers. It told the CBI that the agency should be “as aggrieved” as the applicant (Rubabuddin). It also questioned whether lack of sanction can be the sole ground for discharge.

A total of 38 accused were initially booked in connection with the case, 15 of whom were either discharged or dropped from the case. The special court is hearing arguments on the framing of charges against the remaining accused. The CBI had alleged that Sheikh was killed in a staged encounter by a team of Gujarat and Rajasthan police.

In November 2005, Sheikh, along with his wife Kausarbi and associate Tulsiram Prajapati, was traveling in a Sangli-bound bus from Hyderabad. A police team forced the three to alight and took them to Ahmedabad where Sheikh was first killed. Kausarbi and Prajapati, who had witnessed the incident, were also killed.