Sohrabuddin died in an alleged fake encounter in Ahmedabad on November 26, 2005. Kausar Bi was killed that month, followed by Prajapati in a "staged encounter" a year later in Gujarat. (File Photo/AI-enhanced image.)
The Bombay High Court Thursday upheld a 2018 special court verdict acquitting all 22 accused, including 21 police personnel from Gujarat, Rajasthan, and Andhra Pradesh, in the alleged fake encounter of Sohrabuddin Shaikh and Tulsiram Prajapati, as well as the killing of Shaikh’s wife Kauser Bi in 2005-06.
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad dismissed appeals filed by Sohrabuddin’s brothers, Rubabuddin Shaikh and Nayabuddin Shaikh, against the special court verdict, pending for nearly seven years. The bench issued a brief oral order stating that the appeals were rejected.
“The trial Court applied the correct and settled legal principles in law. Its conclusions are not contrary to the evidence and documents on record. Nor can it be held that the judgment of the trial Court is manifestly unjust and unreasonable based on erroneous law and facts,” the HC held.
The bench observed that “foundation of the prosecution story is not established at all inasmuch as the prosecution failed to establish the abduction of Sohrabuddin Shaikh, Kausar Bi and Tulsiram Prajapati, their illegal detention at Disha Farmhouse and Arham Farmhouse and the alleged fake encounter.”
The bench further noted “findings recorded by trial court are not perverse” and added, “The judgment of acquittal by the trial Court on December 21 2018 is rendered on consideration of the relevant materials on record keeping in mind the fundamental principles of criminal jurisprudence that the prosecution must establish its case beyond reasonable doubt.” Finding “no ground to interfere” with the trial court judgement, the HC dismissed appeals.
The prosecution had claimed Sohrabuddin was killed in a “staged” encounter in November 2005 in Gujarat, his wife was killed in the same month, and Prajapati was killed in December 2006.
The investigation was initially handled by Gujarat’s Anti-Terrorism Squad and CID (Crime) before the Supreme Court transferred it to the Central Bureau of Investigation (CBI), with the trial shifted to a special court in Mumbai.
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The special court had earlier discharged 16 accused, including then Gujarat Home minister Amit Shah, senior IPS officers Dinesh M N, Rajkumar Pandiyan, and D G Vanzara, and former Rajasthan Home minister Gulab Chand Kataria.
Special court judge S J Sharma held on December 21, 2018, that the prosecution had failed to establish a conspiracy and observed that CBI conducted the probe with “premeditated theory and a script intended to somehow implicate political leaders”. Judge Sharma also observed that witnesses who had turned hostile spoke “truth” before the court, stating that CBI had wrongly recorded their statements.
While the appeals against the trial court verdict were filed in April 2019, the HC conducted the final hearing from December 2025 and concluded it on January 16, when it reserved its judgment, which was pronounced on Thursday.
In their appeal, Sohrabuddin’s brothers, represented by advocate Gautam Tiwari, claimed that “observations and conclusions made by the special judge were contradictory to the evidence”. They argued that testimonies of Prajapati’s co-inmates, which showed he feared for his life, were not considered by the trial court.
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The CBI, represented by Additional Solicitor General (ASG) Anil Singh, told the High Court that it had “accepted” the 2018 verdict and had not decided to file an appeal against it.
The defence counsel for those acquitted, including Senior Advocate Amit Desai, argued that “there was not even a bleak possibility of reversing the judgment of acquittal”. They also claimed there was “no direct evidence or even the circumstantial evidence” to establish the presence of the accused at the place and time of occurrence; the appeals were required to be rejected.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
