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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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Mani Shankar Aiyar’s remarks on Hindutva spark political backlash from BJP

Congress leader Mani Shankar Aiyar’s comments on Hindutva at a Kolkata debate have triggered sharp reactions from the BJP, escalating the Hinduism versus Hindutva debate.

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Veteran Congress leader Mani Shankar Aiyar has triggered a political controversy after describing Hindutva as “Hinduism in paranoia” during a public debate in Kolkata, prompting a strong rebuttal from leaders of the Bharatiya Janata Party (BJP).

Aiyar made the remarks at a discussion titled “Hinduism needs protection from Hindutva”, organised by the Calcutta Debating Circle at the Calcutta Club on Sunday. Several political leaders, legal experts, historians and journalists participated in the debate.

Aiyar draws distinction between Hinduism and Hindutva

Speaking at the event, Aiyar argued that Hinduism and Hindutva are fundamentally different, describing Hinduism as a spiritual and civilisational faith, while calling Hindutva a political ideology that emerged in the early 20th century.

“Hindutva is Hinduism in paranoia. It asks 80 per cent Hindus to feel threatened by 14 per cent Muslims,” Aiyar said, adding that Hinduism had survived and flourished for thousands of years without the need for what he described as political protection.

He referred to incidents involving attacks by vigilante groups and criticised actions against individuals over religious practices, beef consumption and participation in Christmas celebrations. Aiyar also cited writings of Vinayak Damodar Savarkar, contrasting them with the teachings of Mahatma Gandhi and Swami Vivekananda, whom he described as proponents of non-violence and inclusivity.

According to Aiyar, “There is no way Gandhi’s or Vivekananda’s Hinduism can be protected or promoted by Savarkar’s Hindutva.”

BJP leaders push back strongly

Aiyar’s comments drew an immediate response from BJP leaders present at the debate and later from party spokespersons.

BJP MP Sudhanshu Trivedi questioned the framing of the debate itself, arguing that the term “Hindutva” refers to “Hindu tattva” or the essence of Hindu philosophy. He said that associating Hinduism with the suffix “ism” was misleading and dismissive of India’s indigenous traditions.

“When you cherish Hinduism, it is called Hindutva,” Trivedi said, rejecting the distinction drawn by Aiyar.

BJP spokesperson Shehzad Poonawalla accused Aiyar of repeatedly making remarks that, according to him, insult Sanatan Dharma. He claimed that the comments echoed the Congress party’s broader stance on Hindutva.

Poonawalla also referred to past statements by Congress leaders and said that Hindutva has been defined by the Supreme Court as a “way of life.” He accused the party of attempting to portray Hindutva as violent and divisive.

Political debate intensifies

The exchange has added to the ongoing political debate over the relationship between Hinduism and Hindutva, a subject that has remained contentious in Indian politics. While Aiyar defended his views as ideological and historical critique, BJP leaders framed the remarks as an attack on religious identity.

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TVK chief Vijay to appear before CBI in Karur stampede probe

TVK leader Vijay will appear before the CBI in Delhi as part of the probe into the Karur stampede that claimed 41 lives during a political rally in 2024.

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Tamilaga Vettri Kazhagam (TVK) chief and actor Vijay is set to appear before the Central Bureau of Investigation (CBI) in Delhi on Monday in connection with the Karur stampede case that claimed 41 lives. The incident occurred on September 27 last year during a massive political rally addressed by Vijay, making it one of the deadliest crowd-related tragedies in Tamil Nadu’s recent political history.

Supreme Court handed probe to CBI

The investigation into the stampede has undergone multiple legal changes. Initially, the Madras High Court had constituted a Special Investigation Team (SIT) to probe the incident. However, the Supreme Court later transferred the case to the CBI, directing that the investigation be monitored by a panel headed by a retired Supreme Court judge.

The apex court also set aside a one-member commission earlier appointed by the Tamil Nadu government, observing that the matter required a more independent and credible inquiry. Notably, TVK itself had sought an independent probe into the tragedy.

A senior party source told media that Vijay would cooperate fully with the investigation and expressed hope that the truth would emerge through the CBI inquiry.

Police and Vijay trade blame

Following the stampede, the Tamil Nadu Police had attributed the chaos to Vijay’s alleged delay in reaching the venue, claiming the prolonged wait led to an uncontrollable surge of the crowd. Police officials had also pointed to inadequate arrangements such as food, drinking water and toilet facilities, stating that the situation worsened as the crowd grew restless.

Vijay rejected these allegations, calling them a conspiracy by the ruling DMK, a charge the party has denied. He, in turn, blamed the police for poor crowd management and failure to clear bottlenecks on approach roads leading to the rally venue.

Film certification issue adds political edge

Vijay’s appearance before the CBI comes amid a separate controversy over the delay in certification of his film Jana Nayagan, which was originally slated for release ahead of Pongal. While a single judge of the Madras High Court had directed the Central Board of Film Certification (CBFC) to grant certification, a division bench later stayed the order and adjourned the matter to January 21. Neither Vijay nor TVK has officially commented on the issue.

Opposition leaders, including those from the Congress, have alleged that central agencies are being used to exert pressure on TVK ahead of the Tamil Nadu Assembly elections due in a few months. Chief Minister MK Stalin recently remarked that the CBFC had “joined the list of central agencies being used as weapons by the Union government.”

The BJP has rejected these allegations. The party has also denied speculation that it is indirectly aiding TVK to split anti-DMK votes following its renewed alliance with the AIADMK.

Political stakes ahead of elections

Vijay has repeatedly described the upcoming Assembly election as a direct contest between the ruling DMK and TVK, referring to the DMK as his “political enemy” and the BJP as his “ideological enemy.”

Responding to questions on whether the ongoing CBI probe could make the party vulnerable to political pressure, a senior TVK leader said the party had faith in the investigation and would approach the courts if any undue pressure was applied.

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Drunk speeding Audi crushes pedestrians in Jaipur, one killed and 15 injured

A late-night crash involving a drunk speeding Audi in Jaipur left one pedestrian dead and at least 15 others injured after the car ran over roadside vendors and pedestrians.

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One person was killed and at least 15 others were injured after a speeding Audi car, allegedly driven by drunk occupants, ran over pedestrians and roadside vendors in Rajasthan’s Jaipur late Friday night.

According to the police, the luxury car lost control and first hit a road divider before ploughing into food carts and roadside stalls over a stretch of nearly 30 metres. The vehicle eventually crashed into a tree and came to a halt, damaging several parked vehicles along the way.

Visuals from the scene showed shattered food carts scattered across the road, while the Audi was left completely mangled due to the impact.

A total of 16 people were hit in the incident and were rushed to a nearby hospital. Four of the injured were reported to be in critical condition and were later referred to Sawai Man Singh (SMS) Hospital for advanced treatment.

One of the injured, identified as Ramesh Bairwa, a resident of Bhilwara, succumbed to his injuries during treatment.

Police officials said that four people were inside the car at the time of the crash, and all of them were allegedly under the influence of alcohol. While one person has been arrested, three others fled the spot after the incident.

The driver of the Audi has been identified as Dinesh Ranwan, a resident of Churu district in Rajasthan. The vehicle has been seized, and a search is underway to trace the remaining accused.

Rajasthan Chief Minister Bhajanlal Sharma expressed grief over the incident and instructed officials to ensure proper medical care for the injured. Deputy Chief Minister Premchand Bairwa and Health Minister Gajendra Singh Khimsar visited the hospital to enquire about the condition of those injured.

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