THE Supreme Court on Monday agreed to examine a plea against the Bombay High Court order that upheld the acquittal of all 22 accused in the alleged fake encounter killings of gangster Sohrabuddin Shaikh, his wife Kausar Bi and aide Tulsiram Prajapati in 2005, while voicing concern that 92 witnesses had turned hostile. A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana issued notice on the plea filed by Nayabuddin Shaikh, brother of Sohrabuddin Shaikh, challenging the May 7 judgement of the High Court that acquitted 21 police personnel from Rajasthan and Gujarat and a farmhouse owner. The bench indicated it would examine selected witness statements relevant to the acquittal.

 

“We would like to see statements of some witnesses. We are not summoning the record. You give us whatever three-four statements you feel are vital. We will examine the acquittal,” the CJI said. Justice Bagchi observed that the fact that 92 prosecution witnesses had turned hostile was a matter requiring consideration, particularly in assessing whether the trial had been fair and just. “Ninety-two witnesses turning hostile is a concern. Whether there was a fair and just trial that’s to be considered,” Justice Bagchi said. The High Court had dismissed appeals filed by Rubabuddin and Nayabuddin Shaikh against the December 2018 judgement of a special CBI court in Mumbai, which had acquitted all 22 accused.