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Sohrabuddin Shaikh encounter case: Court acquits all accused citing lack of evidence

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Sohrabuddin Shaikh encounter case: Court acquits all accused citing lack of evidence

[vc_row][vc_column][vc_column_text]Finally, the verdict in Sohrabuddin  Shaikh alleged fake encounter case went the way that was apparent through the various stages the trial went through, will all accused being acquitted owing to witnesses turning hostile and prosecution failing to provide clinching evidence.

The special CBI court in Mumbai hearing the encounter killing case of Sohrabuddin Shaikh, his wife Kausar Bi and his aide Tulsiram Prajapati in 2005 and 2006, today (Friday, Dec 21) acquitted all 22 accused, citing lack of proof.

The case had drawn much attention as BJP chief Amit Shah was also an accused in the case but was discharged later. The case and Shah was also referred to as the reason behind the ‘mysterious’ death of Judge BH Loya, who was handling the case, as well as deaths of retired judge Prakash Thombre and advocate Shrikant Khandalkar who were supposedly his confidantes. It was alleged that Judge Loya was under pressure to give a judgment favourable to Shah.

A report on news portal ‘thecitizen.in’ said: “Loyla’s (sic) death followed his appointment as the Judge of the CBI trial court. His predecessor had been transferred as he pulled up Shah for not appearing before the court. Loyla did the same and now three years after he died, his family has raised a number of questions that constitute the Caravan story. Significantly, Loyla’s successor MB Gosavi was more accommodating and he discharged Shah agreeing with the argument that he had been framed by the CBI, and was not involved.”

As for suspicions about Judge Loya’s death, the Supreme Court ruled there was nothing suspicious about Loya’s death and there is no need for investigation.

Today, in its verdict on Sohrabuddin Shaikh encounter case, the court said the CBI could not establish that policemen abducted Sohrabuddin from Hyderabad, brought them to Valsad and kept them in illegal confinement. Reading its order the CBI court said, “Government machinery and prosecution put in a lot of effort, 210 witnesses were brought but satisfactory evidence didn’t come and witnesses turned hostile. No fault of the prosecutor if witnesses don’t speak.”

Sohrabuddin Sheikh, an alleged gangster, was killed in an alleged fake encounter in 2005 by the Gujarat Police. His wife was allegedly raped and killed three days later. Shaikh’s aide Tulsiram Prajapati was the sole witness to the murders. He was in police custody after the incident but was shot dead in another encounter in December 2006, when the police claimed he was trying to escape.

There were 22 accused policemen and others in the case who have been facing trial. Out of the 210 witnesses brought in by the prosecution, 92 have been declared hostile.

“CBI prosecution tried its best to prove the case, but unfortunately the evidence, even after three chargesheets were not substantial enough to prove the allegations beyond doubt… Despite three investigations, the evidence is lacking.”

“The prosecution had only three important witnesses to establish its claim about the abduction of Shaikh and Kausar Bi from the bus[, but they] had turned hostile. Besides that, they had no evidence to prove their case,” the judge said.

“Tulsiram Prajapati’s abduction story could not be proved. The CBI in its third chargesheet had claimed that he was the third person travelling with Shaikh and Kausar Bi on the bus from Hyderabad to Sangli. However, the material evidence and witnesses in the court have established that he was not on the bus. He was arrested from Bhilwara directly on November 26, 2005,” the judge said.

The court said the allegation that Tulsiram Prajapati was murdered through a conspiracy is not true. CBI could not establish that Ashish Pandya was called by Vanzara for killing Tulsiram Prajapati in an encounter, according to the court.

The court also expressed sorrow at its inability to convict anyone and said, “I feel extremely sorry for the family of Sohrabuddin Shaikh, and Tulsiram Prajapati, especially his mother Narmadabai. But the evidence before me could not establish the roles of any person accused in the case…[there is] no material evidence to prove any charges against the accused.”

The court also rejected applications of two crucial witnesses seeking re-examination, saying they were not tenable. The witnesses had alleged that they were threatened by the accused on the day their statements were recorded and hence they could only manage to give a partial statement. Interestingly, lawyers of both witnesses were not present today, reported TheWire.

The court had earlier discharged, for want of evidence, 16 of the 38 persons chargesheeted by the CBI. These included Amit Shah, then Rajasthan home minister Gulabchand Kataria, former Gujarat police chief PC Pande and former senior Gujarat police officer D.G. Vanzara.

Deputy SP Patel had been accused of intimidation and evidence tampering. However, the court said on Friday that there was no evidence to show that he had used his power to try and intimidate anyone.

According to the CBI, Shaikh, an alleged gangster, his wife Kausar Bi and his aide Prajapati were abducted by Gujarat police from a bus when they were on their way to Sangli in Maharashtra from Hyderabad on the night of November 22 and 23, 2005.

Shaikh was killed in an alleged fake encounter on November 26, 2005 near Ahmedabad. His wife was killed three days later and her body was disposed of, the CBI said. A year later, on December 27, 2006, Prajapati was also shot dead by Gujarat and Rajasthan police in an alleged fake encounter near Chapri on Gujarat-Rajasthan border.

The case was initially probed by the Gujarat CID before the CBI took over in 2010. The Supreme Court in 2013 directed that the trial be shifted to Mumbai from Gujarat on the central agency’s request to ensure a fair trial.

Between March 2012 and June 2012, JT Utpat heard the case before being succeeded by Judge BH Loya, who heard the case from June 2014 till his death in December 2014. His successor Madan Gosavi heard the case till June 2017, discharging some of the accused, including Shah. The case was now being heard by Special Judge SJ Sharma, who in 2017 had discharged three accused, including former Gujarat DIG D.G. Vanzara and IPS officer Dinesh MN.

The prosecution examined 210 witnesses, of which 92 turned hostile.

On November 29, 2017, when the first witness was to be examined, the trial court suddenly gagged the media from reporting on the case on a plea made by the defence advocates. Several journalists, including from The Wire, appealed against the order before the high court, which set aside the order on January 24.

Justice Revati Mohite-Dere, who set aside the gag order and was initially hearing the bunch of discharge applications — decided by Justice A.M. Badar on Monday — was transferred soon after, in February.

Even on the day of the verdict, the court is yet to decide on several contentious applications by key witnesses seeking re-examination. Witnesses have claimed that they have been threatened and faced intimidation from the policemen facing trial. Similar claims have also been made by the complainant and Prajapati’s mother Narmadabai in her exclusive interview to The Wire. Although a prime witness, she failed to appear before the court for deposition.

On Thursday, the Ministry of Home Affairs suspended Gujarat cadre Indian Police Service officer Rajnish Rai, who was the first investigator in the case and had arrested three IPS officers accused in the case, reported The Hindu. Rai had reportedly written to the ministry seeking voluntary retirement in August, but the Centre had rejected his plea.

On November 20, former chief investigating officer Amitabh Thakur had claimed that Shah, who was the state’s home minister at that time, and four senior police officers benefited politically and monetarily from the case. All the five named by Thakur were discharged by the trial court between 2014 and 2017.[/vc_column_text][/vc_column][/vc_row]

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Centre revokes detention of climate activist Sonam Wangchuk after nearly six months

The central government has revoked the NSA detention of climate activist Sonam Wangchuk after nearly six months, saying the decision was taken after due consideration as Ladakh continues to witness political tensions.

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Climate activist Sonam Wangchuk, who had been detained for nearly six months under the National Security Act (NSA), will be released after the central government decided to revoke the detention order.

The Ministry of Home Affairs (MHA) said the decision was taken after due consideration, noting that Wangchuk had already completed nearly half of the permissible detention period under the law.

In a statement, the government said the move was part of its broader effort to maintain peace and encourage dialogue in Ladakh.

According to the ministry, the government remains committed to creating an atmosphere of stability and mutual trust in the region so that constructive engagement with all stakeholders can continue.

The statement added that ongoing protests and bandhs had affected normal life and disrupted several sections of society, including students, job seekers, businesses, tour operators and tourists.

The government also reiterated its commitment to providing safeguards for Ladakh and expressed hope that regional concerns would be resolved through discussions, including through the High-Powered Committee and other dialogue mechanisms.

Detained after protests in Leh

Wangchuk was detained on September 26 last year, two days after violent protests broke out in Leh over demands for statehood and constitutional protection for Ladakh.

The clashes reportedly left four people dead and about 50 others injured, including security personnel.

Authorities detained Wangchuk under the NSA on the orders of the Leh district magistrate to maintain public order. He was later transferred to Jodhpur prison.

Long-running agitation over Ladakh safeguards

The activist has been one of the prominent voices in the movement seeking constitutional safeguards for Ladakh, particularly the inclusion of the Union Territory under the Sixth Schedule of the Constitution.

Since 2023, Wangchuk has led campaigns highlighting the impact of climate change on Ladakh’s fragile ecosystem.

Last year, he undertook a 35-day fast demanding statehood and constitutional protections for the region. The protest eventually escalated into unrest, after which he called off the fast, saying his message of pursuing a peaceful path had not succeeded.

Legal challenge and court remarks

Wangchuk’s detention was challenged in the Supreme Court by his wife Gitanjali Angmo, an educator.

During the hearing, the court raised concerns about the translation of a speech cited as evidence for his detention. Judges observed that if a three-minute speech was transcribed into a seven- or eight-minute text, it could suggest possible malice.

Opposition reaction

Congress MP Shashi Tharoor welcomed the government’s decision to revoke the detention but questioned the length of time Wangchuk spent in custody.

In a post on social media platform X, Tharoor said the 169-day detention appeared excessively long and called on the Supreme Court to establish strict norms for the maximum period of detention without trial.

He also argued that indefinite detention without trial was a practice inherited from the colonial era and should not exist in a mature democracy.

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BJP and TMC workers clash in Kolkata ahead of PM rally

Supporters of BJP and TMC clashed in central Kolkata near Girish Park shortly before Prime Minister Narendra Modi’s rally at Brigade Parade Ground.

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BJP TMC workers clash

Supporters of the Bharatiya Janata Party and the All India Trinamool Congress clashed in central Kolkata on Saturday morning ahead of a rally scheduled to be addressed by Prime Minister Narendra Modi later in the day.

The confrontation took place near Girish Park, roughly five kilometres from the Brigade Parade Ground where the prime minister is expected to address supporters.

Eyewitnesses reported that members from both political groups raised slogans and threw stones at each other during the confrontation. The clash created tension in the area as supporters were moving towards the rally venue.

According to BJP supporters, stones were allegedly thrown at them without provocation while they were heading towards the rally. One party activist told a Bengali news channel that the group was targeted suddenly and also faced verbal abuse.

However, local TMC workers rejected the allegations. They claimed that BJP supporters initiated the confrontation by hurling abuses and throwing stones first.

TMC supporters also alleged that stones were thrown towards the residence of local party leaders during the incident.

Police personnel were quickly deployed to the spot to control the situation and prevent further escalation. A large contingent of security forces intervened to restore order in the area.

The clash occurred about half an hour before the prime minister’s scheduled address at the Brigade Parade Ground. The rally marks the conclusion of the BJP’s statewide ‘Parivartan Yatra’ ahead of the upcoming assembly elections in West Bengal.

During his visit, the prime minister is also expected to unveil and lay foundation stones for development projects valued at more than Rs 18,000 crore in the state.

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Massive fire destroys around 80 shanties in west Delhi, hundreds left homeless

A massive blaze swept through a slum cluster in west Delhi’s Matiala village, destroying around 80 shanties and leaving hundreds of migrant families homeless overnight.

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A massive overnight fire destroyed around 80 shanties in west Delhi, leaving hundreds of migrant families homeless after flames swept through a large slum settlement near Uttam Nagar.

The incident took place late on the night of March 11 at the Machhli Mandi shanty cluster in Matiala village. The blaze spread rapidly across nearly four acres, reducing homes made of bamboo, tarpaulin and plastic sheets to ashes within hours.

According to Delhi Police, the affected families were largely migrant workers from Bihar who earn their livelihood as daily-wage labourers and ragpickers. Though no deaths were reported, residents lost most of their belongings including clothes, utensils, food supplies and documents.

Firefighters battle flames through the night

The Delhi Fire Service deployed 23 fire tenders to control the blaze. Firefighters continued operations throughout the night and managed to bring the flames under control at around 3 am on Thursday. Cooling operations continued afterward to prevent the fire from reigniting.

Thick grey ash and burnt debris covered large parts of the area after the fire. Charred bamboo frames, melted plastic sheets and twisted tin roofs were scattered across the ground.

Some residents claimed they saw unidentified people arrive on motorcycles and set several huts on fire before fleeing. Authorities have not confirmed this allegation.

Authorities cite disputed land and possible waste burning

District Magistrate Mekala Chaitanya visited the site and said the land has been under dispute for a long time.

He stated that the occupants had been issued an evacuation notice on March 7, with the night of the fire marking the final deadline to vacate the area.

An investigation is underway to determine the exact cause of the fire. The district administration suggested that the blaze may have started due to ragpickers burning waste at night, a practice commonly reported in the area.

Officials also noted that a similar fire incident had occurred earlier this month at the same location after illegal garbage dumping, which required eight fire tenders to extinguish.

Police say evacuation prevented casualties

Deputy Commissioner of Police (Dwarka) Kushal Pal Singh said police teams helped evacuate residents before the fire intensified.

He said the temporary structures were made from highly flammable materials, which allowed the fire to spread quickly. However, swift action by police and firefighters ensured that no lives were lost.

Families struggle after losing everything

Residents said they are now struggling to survive without basic necessities.

Rani Devi, a mother of three, said her family had no food, milk or drinking water after the fire destroyed their home and belongings. She added that many families were now sleeping amid the burnt debris.

A student, Rahul Kumar, whose board examinations are scheduled to begin soon, said his textbooks, notebooks and school uniform were all destroyed in the blaze.

Another resident, 42-year-old Rajesh Paswan, who migrated from Bihar over a decade ago and works as a ragpicker, said the fire wiped out everything his family owned overnight.

Demand for compensation and rehabilitation

AAP leader Ramesh Matitala met affected families and called for immediate compensation and rehabilitation.

He said the families should be provided financial assistance and relocated to a safer place, adding that authorities must ensure accountability if negligence or foul play is found in the investigation.

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