Journalism of Courage
Supreme Court to examine Sohrabuddin case acquittals, but not Amit Shah’s discharge
Chief Justice of India Surya Kant’s bench heard an appeal filed by Sohrabuddin Shaikh’s brother challenging the Bombay High Court’s acquittal of 22 people accused in the encounter killing case.
Sohrabuddin Shaikh and his wife Kausar Bi were killed in an alleged encounter in 2005. (File Photo)
The Supreme Court on Monday issued notices on an appeal challenging the acquittal of all 22 people accused in the alleged encounter killings of Sohrabuddin Shaikh, his wife Kausar Bi, and his aide Tulsiram Prajapati, but refused to re-examine the discharge of Union Home Minister Amit Shah in the case.
A three-judge bench led by Chief Justice of India Surya Kant was hearing an appeal filed by Sohrabuddin Shaikh’s younger brother, Rubabuddin Shaikh, challenging the Bombay High Court’s May 7, 2026, judgment that acquitted 22 people, including 21 police personnel, in the case.
Appearing for the appellant, senior advocate D S Naidu said, “Since 2010, I have been pursuing. At my behest, investigation was also transferred.”
Justice Joymalya Bagchi said the court understood that witnesses had turned hostile on a large scale.
But Naidu said, “There is forensic evidence that could have told the truth, and bullet injuries and cartridges were found. And my sister-in-law could not even be traced… Some of the witnesses may have turned hostile, but they cannot hush up.”
Justice Bagchi said, “That’s what, Mr Naidu, is of concern. In a trial, if 92 witnesses are standing hostile, it is a serious concern.”
The judge added, “But we will not issue notice on paragraph 43.” Paragraph 43 of the judgment dealt with an application filed by an intervenor, Maniar Kalpesh Kumar, challenging the December 2014 trial court order discharging Shah.
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Naidu said, “But I believe it needs a relook by your lordships.”
Justice Bagchi said, “It’s closed, cannot be reopened.”
The high court dismissed the application observing that it appeared to have been filed with “an oblique motive at the instance of political adversaries” of the minister and without disclosing that the high court as well as the Supreme Court had dismissed petitions against Shah’s discharge.
‘Give us 4-5 statements which you feel are vital’
Justice Surya Kant said, “We will issue notice. We would like to see the statements of some of the witnesses. We are not summoning the records in vernacular language. You give us 4-5 statements which you feel are vital. We will examine.”
He also said that paragraph 43 need not be reopened. “But for para 43….no question of…we will not allow this kind of…to be opened,” the CJI said.
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Justice Bagchi said the court would examine the acquittals “although it’s a concurrent finding of acquittal”.
“For persons who were put on trial, whether there was a fair trial, that is a relevant consideration. High Court says there is nothing to provide inference that a proper trial was not conducted,” he added.
Appearing for some of the police personnel, senior advocate K Parameshwar urged the court to give the appeal an early hearing. “We are public servants. This has been on our head for the last 12 years…,” he said.
The bench also had Justice V Mohana.
© The Indian Express Pvt Ltd
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