How were 3 discharged in fake encounter case, Bombay HC asks CBI

Mumbai: The c has asked the Central Bureau of Investigation (CBI) as to why it had not challenged Mumbai special CBI court’s discharge of three accused in the November 2005 Sohrabuddin Sheikh alleged fake encounter case. Justice Revati Mohite-Dere was hearing petition filed by Soharabuddin's brother Rubabuddin, who challenged the discharge of IPS officers Rajkumar Pandiyan, D.G. Vanjara and Dinesh M.N in the case. Sohrabuddin Sheikh and his wife Kausar Bi were allegedly abducted by the Gujarat Anti-Terrorism Squad from Hyderabad on their way to Sangli in Maharashtra. Sheikh was killed in an alleged fake encounter near Gandhinagar in November 2005, after which his wife disappeared.

A special CBI court had discharge above three accused on the ground that the CBI had failed to get sanction or the special permission to prosecute them and hence, they could not be prosecuted.

Out of total 38 accused 15 have been discharged by the special CBI court and out of 15 accused 14 are IPS officers. Subsequently, CBI has only challenged IPS officer N.K.Amin’s discharge from the case.

Rubabuddin counsel Gautam Tiwari argued that "citing the orders of discharge of the above three officials, several other accused persons too were securing discharge on the grounds of parity." However, the court questioned whether the lack of such sanction alone could be adequate reason to warrant an accused person's discharge from the case.

The court dismissed the CBI's argument that it had challenged the discharge of two Rajasthan police sub-inspectors Himanshu Singh and Shyam Singh Charan.