CBI declines to challenge acquittal in 2005 Sohrabuddin Sheikh encounter case

The Central Bureau of Investigation (CBI) has informed the Bombay High Court that it will not contest the acquittal of all 22 individuals accused in the controversial 2005 “encounter” killings of gangster Sohrabuddin Sheikh, his wife Kauser Bi, and his aide Tulsiram Prajapati. The announcement effectively brings the high-profile case to a legal standstill from the investigative agency’s perspective.

The case has remained one of the most closely watched in recent Indian criminal and political history. Sheikh, who was allegedly involved in criminal activities such as extortion and arms smuggling, was killed in a police encounter in November 2005, along with his wife.

Prajapati, a key witness to the killings, was subsequently killed in a similar encounter in December 2006. Authorities had claimed that Sheikh was connected to terrorist networks and had plans that posed a threat to political figures, though these claims remained contentious.

Among the accused was Amit Shah, then the home minister of Gujarat and now India’s Union home minister. The CBI had alleged that Shah orchestrated the killings, citing phone call records and witness testimonies linking him to the police officers involved. There were also claims that Shah and others benefited politically and financially, including allegations of payments totalling Rs 70 lakh from businessmen involved in the investigation.

Shah was arrested in 2010 in connection with the case but consistently denied all charges, describing the proceedings as politically motivated. During the trial, he voluntarily left Gujarat for two years to avoid any interference with the investigation, following court directives.

The trial saw 210 witnesses, of whom 92 were declared hostile, significantly weakening the prosecution’s case. In 2014, a special CBI court acquitted Shah and all other accused, citing insufficient evidence to prove a conspiracy to murder Sheikh, his wife, and Prajapati. Subsequent appeals to the Bombay High Court and rulings by the Supreme Court upheld the acquittals.

In April 2019, Sheikh’s brothers, Rubabuddin and Nayabuddin Sheikh, approached the Bombay High Court, challenging the acquittal on grounds that the trial had been flawed and that several witness statements had not been accurately recorded.

During Wednesday’s hearing, a bench comprising chief justice Shree Chandrashekhar and justice Gautam Ankhad heard the appeal. Representing the CBI, additional solicitor general Anil Singh stated that the agency would not be filing an appeal, adding, “We have accepted the acquittal judgment.”

The decision marks a significant moment in a case that has intertwined issues of criminal investigation, political accountability, and public scrutiny. While the acquittal remains controversial, the CBI’s choice not to challenge the verdict signals the closure of formal legal proceedings from the agency’s side.

With agency inputs