Mumbai: In its six separate but detailed judgments, the Bombay High Court has literally pinned holes in the case of the CBI against all top IPS officers, accused in Sohrabuddin Sheikh staged encounter. The HC has almost come to a conclusion that Tulsiram Prajapati, the accomplice of Sohrabuddin, never travelled with him and his wife Kausar Bi, on the day when they were abducted by the team of Gujarat and Rajasthan police.
The bench of Justice Anant Badar has trashed the statements by Sohrabuddin’s brothers – Rubabuddin and Nayabuddin and has said their testimony is not the ‘gospel truth.’ The brothers, in their statements before the CBI and a magistrate claimed Prajapati was accompanying Sohrabuddin and Kausar Bi on their journey from Hyderabad to Sangli. “It is seen from all former statements of Rubabuddin as well as Nayabuddin that they maintained their version right from 2006 to 2010 that there was no third person with Sohrabuddin and his wife during their journey from Jharania to Indore and then to Hyderabad and from Hyderabad towards Sangli,” Justice Badar noted.
“However, after about five years of the incident, all of a sudden Nayabuddin stated in 2010 he had gone to see off Sohrabuddin, his wife and Prajapati in November 2005 at the bus stand in Indore for their journey to Hyderabad. For the reasons best known to it, the prosecution has not collected records of telephonic communication between Sohrabuddin and his brothers (Rubabuddin and Nayabuddin.),” Justice Badar further noted.
The court also noted that no single witness from Hyderabad was examined by the CBI to show presence of Prajapati with Sohrabuddin at Hyderabad. “This material is not at all making prima facie case against the officers nor raising any suspicion of having committed alleged offence. The version of Nayabuddin made in 2010 introducing the presence of Prajapati with Sohrabuddin in Indore for onward journey in November 2005 is opposed to common sense and as such cannot be accepted as a gospel truth,” Justice Badar held.