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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]

India News

INDIA bloc likely to meet on September 30 over Gyanesh Kumar row

INDIA bloc parties are likely to meet in New Delhi on September 30 amid growing opposition to Chief Election Commissioner Gyanesh Kumar and the Special Intensive Revision of electoral rolls.

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Rahul-Gandhi

Opposition parties belonging to the INDIA bloc are set to meet in New Delhi on September 30 to discuss concerns surrounding the Election Commission, the Special Intensive Revision (SIR) of electoral rolls and a proposed removal motion against Chief Election Commissioner Gyanesh Kumar.

The proposed meeting comes amid growing coordination among opposition parties over the functioning of the poll panel and demands for action against Chief Election Commissioner Gyanesh Kumar. The parties are also discussing a possible joint response to the developments.

Why is the INDIA bloc meeting being planned?

The INDIA bloc meeting on September 30 comes amid reports of objections within the Election Commission over certain decisions and orders related to the SIR exercise. 

According to the report, Opposition leaders have been discussing a coordinated response to their concerns over the Election Commission and the electoral-roll revision process. 

The issue is also expected to be discussed at the Congress Working Committee meeting scheduled for September 29, a day before the proposed INDIA bloc meeting.

Gyanesh Kumar removal demand in focus

The demand for the removal of Chief Election Commissioner Gyanesh Kumar has become a major point of contention between the Opposition and the Election Commission.

The CPI(M), CPI and CPI(ML)-Liberation have demanded Kumar’s removal and an immediate halt to the SIR exercise. Congress has also intensified its criticism of the CEC.

Opposition parties are also working on a fresh removal motion against Gyanesh Kumar. The September 30 meeting is expected to finalise the strategy for the motion, including the collection of signatures. According to the report, this would be the Opposition’s third such attempt. 

What is the SIR controversy?

The political dispute is linked to the Special Intensive Revision of electoral rolls, or SIR.

The controversy intensified following a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded objections on several occasions concerning decisions and orders related to the SIR process.

The Election Commission has said that differing views and observations are part of normal deliberations in a multi-member constitutional body. The poll panel has also maintained that its orders have legal sanction and follow statutory procedures, while stating that the final decisions on the SIR were taken unanimously. 

TMC and Left parties coordinate over the issue

The developments have also brought the Trinamool Congress and the CPI(M) together on the Election Commission issue, despite their political differences in West Bengal.

CPI(M) general secretary M A Baby proposed an immediate meeting to discuss a joint strategy. According to the report, Mamata Banerjee spoke with M A Baby and Leader of Opposition Rahul Gandhi, after which the leaders settled on September 30 for the meeting. 

What could be discussed at the September 30 meeting?

The proposed meeting is expected to focus on:

  • Concerns surrounding the Election Commission
  • The Special Intensive Revision of electoral rolls
  • Opposition demands concerning CEC Gyanesh Kumar
  • A possible fresh removal notice against the CEC
  • A coordinated response by INDIA bloc parties

The exact agenda and participation will depend on the discussions among the opposition parties before the proposed meeting.

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“Will die but won’t give up”: Sahil Wakode’s parents urge IIT students to continue fight 

Sahil Wakode’s parents have appealed to IIT Bombay students to continue their fight for justice amid the ongoing investigation into their son’s death.

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Sahil Wakode

The parents of IIT Bombay student Sahil Wakode have appealed to students to continue raising their voices and fighting for justice following their son’s death.

Sahil Wakode, a second-year student at IIT Bombay, died in his hostel room on September 18. His death has led to student protests and an ongoing investigation by the Mumbai Crime Branch.

What Sahil Wakode’s parents have alleged

Sahil’s parents have alleged that their son faced caste-based discrimination and harassment at IIT Bombay before his death. They have sought action against those they hold responsible and have demanded a thorough investigation into the circumstances surrounding his death.

The family has also called for a CBI inquiry and has sought the arrest of officials named in the case. These remain allegations and are part of the ongoing investigation.

The Mumbai Crime Branch took over the probe after an FIR was registered following the complaint by Sahil’s parents.

IIT Bombay’s position

IIT Bombay has said that Sahil was allegedly caught using a mobile phone during a mid-semester examination and had uploaded the question paper to ChatGPT to seek answers.

The institute has maintained that no disciplinary action had been initiated against him. It said the matter had been discussed with him by the instructor and the Head of the Department, who counselled him and assured him that the incident would not adversely affect his academic career.

The circumstances surrounding Sahil’s death are being investigated by the appropriate authorities.

Investigation continues

The case remains under investigation, with the Mumbai Crime Branch examining the circumstances surrounding Sahil’s death and the allegations made by his family.

His parents have continued to demand justice and action against those they believe were responsible, while the investigation is expected to establish the facts surrounding the case.

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Gyanesh Kumar meets election commissioners amid poll panel row

Chief Election Commissioner Gyanesh Kumar met Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid a controversy over reported objections to Election Commission decisions.

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Chief Election Commissioner Gyanesh Kumar held a meeting with Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi amid an ongoing controversy over the functioning and decision-making process of the Election Commission of India.

The meeting comes days after a report raised questions over formal objections allegedly recorded by the two Election Commissioners regarding several decisions and orders of the poll panel.

The Election Commission has maintained that differing views, observations and suggestions are part of its normal deliberative process. It has also said that all decisions taken by the full Commission over the past year were unanimous.

What is the Election Commission controversy?

The controversy followed a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections on at least 14 occasions over a 10-month period.

The reported objections included issues concerning changes to Form 6, the handling of additions and deletions from electoral rolls and the centralisation of electoral-roll data.

Form 6 is the statutory form used for applying for registration as a voter.

The Election Commission, however, has disputed the suggestion that the objections amounted to dissent over final decisions. The poll body said written notes, observations, technical suggestions and internal checks and balances are standard parts of its functioning.

ECI says decisions were unanimous

The poll panel has said that all decisions taken by it during the past year were the outcome of unanimous decisions of the full Commission.

It also said that operational queries or inputs raised during the drafting stage are part of the normal administrative process and are intended to improve electoral procedures and safeguard voter rights.

The issue has gained significance because the Election Commission is conducting electoral-roll revisions, including the Special Intensive Revision (SIR), in several parts of the country.

Opposition parties have questioned the functioning of the poll panel and have cited the reported objections by the two Election Commissioners in their criticism of Chief Election Commissioner Gyanesh Kumar.

Political parties seek clarification

The controversy has also prompted calls for greater clarity from political parties, including some parties that are allies of the BJP-led NDA.

LJP (Ram Vilas) chief Chirag Paswan, TDP Lok Sabha floor leader Lavu Srikrishna Devarayalu and Rashtriya Lok Morcha chief Upendra Kushwaha have sought clarification from the Election Commission regarding concerns surrounding the voter-list revision and the reported objections.

The Election Commission has continued to maintain that its decisions have followed the applicable laws, rules and established procedures.

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