Mumbai: The Bombay High Court on Wednesday questioned Rababuddin Shaikh, the brother of Sohrabuddin Shaikh, over the delay in his request to be recalled as a witness in the 2005 Sohrabuddin encounter case. The case, in which Sohrabuddin was allegedly killed in a staged encounter by the Gujarat Police, has remained controversial for years.
2018 Acquittal Challenged
In December 2018, a special CBI court in Mumbai acquitted all 22 accused in the case, citing a lack of evidence. Rababuddin subsequently filed an appeal against the acquittal and in the alternate sought a re-trial in the case.
Bench Expresses Scepticism
A bench of Chief Justice Shree Chandrashekhar and Justice Gautam Ankhad expressed skepticism over Rababuddin’s prayer, questioning why he had not sought to recall himself as a witness sooner. Seeking a retrial, Rababuddin has sought to be recalled as a witness.
The court remarked that such applications must be made promptly, stating that “the witness cannot make an application to recall himself after two months.”
Reference To CrPC
The court also referred to the Criminal Procedure Code (CrPC), which mandates that an application for recalling a witness must be filed on the same day the witness is examined or at the very latest, the next day.
“There has to be a statutory provision allowing for a delayed request. He (Rababuddin) signed and read what was written, and now he cannot seek to recall himself months later,” the bench stated.
Acquittal Judgment Contested
Rababuddin’s plea challenges the acquittal of all the accused and contends that the judgment by the special CBI court was “perverse” and “manifestly erroneous.” His appeal argues that the acquittal was based on “unwarranted assumptions” and a “misappreciation of evidence.”
Further Hearing Scheduled
The bench has asked Rababuddin to provide legal or statutory provisions that justify his belated request to be recalled as a witness. The matter is slated for further hearing in two weeks.
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Advocates Gautam Tiwari, Tasneem Khatau, and Vedchetan Patil are representing Rababuddin Shaikh in this appeal. In his appeal against the acquittal, Rababuddin has asked the High Court to quash the judgment or, alternatively, order a retrial.
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