Sohrabuddin fake encounter case: CBI created false evidence to implicate political leaders, says Judge

Mumbai: Thespecial court while acquitting the 22 policemen, accused in the staged encountercase of Sohrabuddin Sheikh, has criticised the Central Bureau of Investigation(CBI) for conducting a ‘politically motivated’ probe. The special court saidthe CBI did ‘something else’ instead of investigating the case. In his 350-pagejudgment, Judge Sunil Sharma went on to say that the CBI had ‘created’ falsestatements of witnesses only to implicate political leaders.

“I have no hesitation in recording that during the probe,the CBI was doing something else other than ascertaining the truth. It clearlyappears the CBI was more concerned in establishing a particular pre-conceivedand pre-mediated theory rather than finding out the truth,” Judge Sharma hassaid in his judgment.

Judge Sharma further referred to the ‘observations’ of hispredecessor, who discharged Bharatiya Janata Party (BJP) president Amit Shah.“My predecessor has clearly recorded that the investigations were politicallymotivated. Having given my consideration, I have no hesitation in recordingthat the CBI had a pre-meditated theory and a script intended to anyhowimplicate political leaders,” Judge Sharma said.

“And the agency thereafter only did what was required toreach that goal rather than conducting a fair probe. The entire probe was thustargeted to act upon the script to achieve the said goal and in the process ofit zeal to anyhow implicate political leaders,” the judgment reads. JudgeSharma, who had gagged the media from covering the court proceedings, hasaccused the CBI of creating false statements. “The CBI created the evidence andplaced statements of witnesses purported to have been recorded by aMagistrate,” Judge Sharma claimed.

“And such statements could not withstand the judicialscrutiny of the court and the witnesses whose statements were purportedlyrecorded deposed fearlessly before the court clearly indicating that theirpurported statements were wrongly recorded by the CBI during investigation tojustify its script to implicate political leaders,” claimed Judge Sharma, whowas usually keen to declare witnesses hostile, during court proceedings.

“I have noted the negligence of the CBI towards the materialpart of the investigation which clearly indicates that they hurriedly completedthe investigation either by using replica of the earlier recorded investigationand have implicated the police personnel who had no knowledge of any conspiracyrather they appeared innocent,” Judge Sharma has said in his judgment. Thespecial judge further said the CBI could not prove its case and thus, he had‘no option’ but to acquit all the accused.

“I am aware of the degree of agony and frustration that maybe caused to the society in general and the families of the deceased inparticular, by the fact a serious nature of crime like this goes unpunished butthen the law doesn’t permit the court to punish the accused on the basis ofmoral conviction or suspicion alone,” Judge Sharma explained.

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