Sohrabuddin’s brothers fail to appear in court, but trial proceeds

Rubabuddin was earlier scheduled to appear as a witness before the court on August 6 this year. On that day, Rubabuddin’s advocate told the court in Mumbai that he had met with an accident and would require another date. The court had then asked him to be present before it on September 1 but he had again failed to appear.

The court had then called it a “delay tactic” and told the CBI that no further summons or warrants will be issued against him but that the prosecution can produce them by giving prior notice.

The CBI then communicated this through a letter to Rubabuddin stating that they should come before it on or before October 16.
In the report submitted by the CBI before court, it was stated that on October 10, an official of the CBI, had visited Jhirniya village in Madhya Pradesh to serve the summons to Rubabuddin to appear as a witness.

The report said that Rubabuddin received the letter but with objection stating that he would have to first contact his advocate.
The report further claimed that Rubabuddin had refused to give any date of when he will appear. When contacted, Rubabuddin said that the court should have asked the CBI or him what was the objection he had from appearing as a witness.

“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,” he said. Rubabuddin also said that he is taking legal advice on approaching the Supreme Court.

Similarly, Shahnawazuddin, who had himself appeared before the court in July seeking to be made a witness, also failed to appear despite repeated summons.

The CBI in its report had said that on October 10, Shahnawazuddin was not at home and had been given the summons through WhatsApp, which was read by him on the same day. The report also said that the summons were served to him in July earlier. Shahnawazuddin, however, claimed that he had not received the summons. “I have not received the summons, how can I appear before the court? I will appear if I am provided proper security and summons,” he said.

Among the 200 witnesses examined so far, Nayamuddin, youngest of Sohrabuddin’s four brothers in September. Among the relatives of Sohrabuddin’s associate, Tulsiram Prajapati, his nephew Kundan Prajapati appeared before court, while his mother Narmadabai is yet to appear despite multiple summons. It was on the writ petition of Rubabuddin and Narmadabai that the Supreme Court ordered a probe into the alleged fake encounters which took place in November 2005 and December 2006.