Mumbai, Sohrabuddin Fake Encounter – In the quiet corridors of the Bombay High Court, a story from 2005 refuses to die. It’s the tale of Sohrabuddin Sheikh, a man from a small village in Madhya Pradesh who became a name etched in India’s legal history. Almost two decades later, his brothers are fighting what they call a “fake encounter” – a police killing dressed up as self-defense. On October 8, 2025, the Central Bureau of Investigation (CBI) dropped a bombshell: it won’t appeal the 2018 acquittal of 22 accused cops and officials. But Sohrabuddin’s brothers, Rubabuddin and Nayabuddin Sheikh, aren’t backing down. They’re pushing for a full retrial, claiming the original trial was riddled with mistakes. As the court sets the next hearing for October 15, this case once again spotlights the shadows of extra-judicial killings in Gujarat during a turbulent time.
For many Indians, especially in Gujarat and Maharashtra, the Sohrabuddin case isn’t just a courtroom drama. It’s a reminder of how power, politics, and police can tangle in ways that leave families broken and questions unanswered. “We lost our brother and sister-in-law in the most cruel way,” Rubabuddin Sheikh told reporters outside the court last week, his voice steady but eyes heavy with years of pain. “The police said it was an encounter with a terrorist. But we know the truth. Now, even the CBI is turning away. How do we get justice?” His words echo the frustration of ordinary folks who see the law bend for the mighty.
This isn’t the first twist in a saga that has seen arrests, discharges, and acquittals. Back in 2005, Gujarat was reeling from the 2002 riots, and “encounters” – police shootouts – were common. Sohrabuddin, a small-time criminal with over 60 cases against him for extortion and smuggling, was gunned down on November 26 near Ahmedabad. Police claimed he was a Lashkar-e-Taiba operative plotting to kill then-Chief Minister Narendra Modi. But his family says he was abducted days earlier, along with his wife Kauser Bi, and murdered in cold blood. Kauser’s body was never found properly; it was allegedly burned to hide evidence. Then came Tulsiram Prajapati, Sohrabuddin’s aide and supposed eyewitness, killed in another “encounter” in 2006.
The case exploded in 2010 when Amit Shah, then Gujarat’s Minister of State for Home, was arrested by the CBI. He was accused of masterminding the killings for political mileage and extortion money. Shah denied it all, calling it a “political conspiracy.” He was discharged in 2014, and today, as India’s Home Minister, he rarely speaks of it. But back then, his lawyer Kapil Sibal thundered in court, “The CBI has turned turtle. Even Sohrabuddin’s brother withdrew his case against Shah later.” Sibal’s words captured the chaos: witnesses turning hostile, evidence vanishing, and a probe that seemed to chase shadows.
As we dig deeper, let’s walk through the timeline – not as dry dates, but as the human cost behind them. Picture a family in Jhirniya village, Madhya Pradesh, waiting for a son who never came home.
The Night That Changed Everything: Abduction and the First “Encounter”
It started like any family trip. On November 22, 2005, Sohrabuddin Sheikh, 35, boarded a bus from Hyderabad to Sangli, Maharashtra, with his wife Kauser Bi, 25, and aide Tulsiram Prajapati. They were heading home after celebrating Eid. Sohrabuddin wasn’t a saint – he had a rap sheet for running an extortion racket in Gujarat’s marble belt, smuggling arms from Madhya Pradesh, and even murders in Rajasthan. Police files say he once hid 40 AK-47 rifles in his village home. But to his family, he was just “Sohrab bhai,” the breadwinner.
Near the Andhra-Maharashtra border, a Gujarat Anti-Terrorism Squad (ATS) team stopped the bus. According to the CBI’s later chargesheet, Sohrabuddin, Kauser, and Tulsiram were pulled off and bundled into cars. Sohrabuddin and Kauser went one way; Tulsiram another. The police version? They were tipped off about a Lashkar terrorist. But no bus passengers backed that story in court years later.
Four days later, on November 26, Sohrabuddin lay dead on a highway near Ahmedabad’s Vishala Circle. Police said he fired first; they shot back in self-defense. Bullet wounds in his stomach suggested otherwise – he was shot from close range while possibly down. Kauser vanished. On November 29, villagers in Illol, Gujarat, found half-burned remains in a riverbed. DNA tests confirmed it was her, but the CBI alleged she was raped and murdered to silence her.
Rubabuddin, Sohrabuddin’s elder brother, got a call that day. “Your brother was a terrorist,” the police told him. He didn’t buy it. In December 2005, he wrote to the Chief Justice of India: “My brother is dead, but where is his wife? This smells of foul play.” That letter sparked a firestorm. The Supreme Court stepped in, handing the probe to Gujarat’s CID in 2007. By April, three top IPS officers – D.G. Vanzara (ATS chief), Dinesh M.N. (Rajasthan), and Rajkumar Pandian (Gujarat) – were arrested. Vanzara, once a hero for “cleaning up crime,” fumed from jail: “We are being sacrificed at the altar of political expediency.”
The CID called it a fake encounter from day one. Sohrabuddin was no terrorist; he was a petty gangster bumped off to settle scores. Money flowed too – the CBI later claimed Rs 70 lakh in extortion was routed through fake companies linked to Amit Shah. Shah, arrested in 2010, called it “vendetta politics by the Congress-led UPA.” His discharge in 2014 came with the court’s note: “No evidence ties him to the conspiracy.” But whispers persisted: Was Sohrabuddin killed because he knew too much about the 2003 murder of BJP leader Haren Pandya, who had testified against Modi in the riots inquiry?
From CID Chaos to CBI Probe: A Trail of Twists
The CID probe was a mess. Witnesses flipped like pancakes – over 90 out of 210 turned hostile by 2018. One bus passenger, who saw the abduction, suddenly “forgot” everything. Another, a farmhouse owner where Sohrabuddin was allegedly held, got threats. By 2009, the Supreme Court lost patience: “Gujarat can’t investigate itself.” Enter the CBI in 2010.
The CBI filed chargesheets against 38 people: 21 Gujarat cops, 6 Rajasthan, 1 Andhra, plus a farmhouse owner and others. Amit Shah was Accused No. 1. The agency painted a picture of a “criminal-political nexus.” Sohrabuddin allegedly extorted marble traders for Shah’s benefit. When he demanded more, he became a liability. Tulsiram, jailed in Udaipur after the abduction, was the loose end. On December 26, 2006, police “escorted” him from custody; he was shot dead near a dhaba. His mother, Narmadabai Prajapati, wept in court: “My son saw it all. They killed him to bury the truth.”
The Supreme Court merged the cases in 2012 and shifted the trial to Mumbai for fairness. “Gujarat’s air is polluted with prejudice,” the bench said. But even in Mumbai, trouble brewed. In 2013, Shah was discharged. Vanzara, out on bail, wrote an open letter: “I am a pawn in a royal game.” By 2014, 16 more were discharged, including Rajasthan’s ex-Home Minister Gulab Chand Kataria. The remaining 22 went to trial under Judge S.J. Sharma.
in June 2014, Special CBI Judge B.H. Loya took over the trial, issuing a notice to Shah in October for non-appearance and scheduling a December verdict, but died suspiciously of cardiac arrest on December 1 at age 48 in Nagpur, halting proceedings and sparking foul-play theories of pressure or murder to protect the accused. His successor discharged Shah weeks later.
Trial started in 2017. Prosecution grilled 210 witnesses, but hostility crippled it. Key aide Azam Khan, who claimed Sohrabuddin confessed to killing Pandya, stuck to his story but couldn’t sway the court. Former CIO Amitabh Thakur testified in 2018: “The 22 accused had no motive. They followed orders from superiors for political and monetary gains.” He named Shah, Vanzara, and three others as beneficiaries. But without hard proof, it fell flat.
The 2018 Acquittal: A Bitter Verdict
December 21, 2018: Judge Sharma acquitted all 22. “The killings happened, but evidence is unsatisfactory,” he ruled. “No conspiracy proven beyond doubt. I feel sorry for the families, but the law binds me.” The courtroom was tense. Rubabuddin, present that day, slammed his fist: “This is murder of justice!” Narmadabai, Tulsiram’s mother, added, “My son is gone, and now his killers walk free. What kind of desh is this?”
The verdict hit hard. Outlets like The Hindu called it a “setback for accountability.” Scroll.in wrote, “It betrays every principle of justice.” Even the judge sympathized: “Helpless on the evidence.” CBI sources whispered off-record: “Witness protection failed us. Threats broke the chain.”
Reviving the Fight: Brothers’ Appeal and CBI’s Exit
Rubabuddin and Nayabuddin filed appeals in April 2019. Their plea? The trial ignored Section 164 CrPC statements – sworn before magistrates. Witnesses wanted recalls, but the judge dismissed them same-day. “Flawed procedure demands retrial,” their lawyer Gautam Tiwari argued.
The Bombay High Court admitted it in June 2019. Hearings dragged. On September 24, 2025, Chief Justice M.S. Karnik questioned delays: “Why after years?” On October 8, CBI’s Additional Solicitor General Anil Singh stunned: “We accept the acquittal. No appeal after 7 years.” The brothers’ side countered: “We need trial records to list flawed witnesses.”
The bench – CJ Karnik and Justice Neela Gokhale – ordered a chart of affected witnesses by October 15. Rubabuddin outside court: “CBI’s step hurts, but we won’t stop. This is for every family fearing the khaki.”
Broader Shadows: Encounters, Politics, and Lessons for India
This case isn’t isolated. Gujarat saw 22 alleged fake encounters from 2002-2006, per a 2012 SIT. Ishrat Jahan, a 19-year-old killed in 2004, was another “terrorist” turned victim. Links to Pandya’s unsolved murder linger – CBI claimed Sohrabuddin boasted of it to Azam Khan.
Politically, it scarred. Shah’s 2010 arrest forced his resignation; Modi’s 2014 win buried it for many. But activists like Teesta Setalvad say, “Encounters thrive where accountability dies.” Human rights groups demand witness laws – India’s 2018 Act is weak, no teeth for high-profile cases.
For common Indians, it’s personal. In villages like Jhirniya, tales of “missing sons” echo. “Police are gods there,” a local told me. “Who fights them?” The case questions: Can justice outlive politics?
As October 15 nears, eyes on Bombay HC. Will it order retrial? Or close the book? One thing’s sure – Sohrabuddin’s ghost haunts Gujarat’s past.
Frequently Asked Questions (FAQs)
Q1: Who was Sohrabuddin Sheikh, and why was he killed?
A: Sohrabuddin Sheikh was a 35-year-old from Jhirniya village in Madhya Pradesh. He ran an extortion racket, collecting “protection” money from marble traders in Gujarat and Rajasthan, and had over 60 criminal cases, including arms smuggling and murders. Police called him a Lashkar-e-Taiba terrorist planning to kill then-CM Narendra Modi. But the CBI probe said he was abducted on November 22, 2005, from a bus and killed in a staged encounter on November 26 near Ahmedabad to eliminate a witness in extortion rackets linked to politicians. His death was part of a larger conspiracy for money (Rs 70 lakh allegedly) and political brownie points during a tense post-riot period. Family says he was no saint but deserved a fair trial, not a bullet.
Q2: What happened to Kauser Bi and Tulsiram Prajapati?
A: Kauser Bi, Sohrabuddin’s wife, was 25 and with him on the bus. After abduction, she was held at a farmhouse in Gujarat, then allegedly raped and murdered on November 29, 2005. Her half-burned body was found in Illol village riverbed; DNA confirmed it. Police claimed she “fled,” but no trace until the CBI dug deeper. Tulsiram Prajapati, 26, Sohrabuddin’s sharp-shooting aide, was separated during the abduction and jailed in Udaipur. As an eyewitness, he was a threat. On December 26, 2006, police “escorted” him; he was shot dead near a dhaba in Gujarat-Rajasthan border, called an escape attempt. His mother Narmadabai fought for years, saying, “He saw the crime; they silenced him forever.” Both cases merged in 2012 by Supreme Court.
Q3: Who were the main accused, and what happened to them?
A: Of 38 charged, 16 discharged early, including Amit Shah (2014), DG Vanzara (ATS chief), and Gulab Chand Kataria (Rajasthan ex-minister). The 22 tried: 21 cops (Gujarat’s like Narainsinh Dabhi, Mukesh Parmar; Rajasthan’s like Abdul Rehman) and farmhouse owner Rajendra Jirawala. Accused of murder, abduction, conspiracy under IPC 302, 364, etc. Acquitted in 2018 for lack of proof. Vanzara, now retired IGP, called it “vindication.” Shah never commented post-discharge. Brothers challenge only the 22’s acquittal, not discharges.
Q4: Why did the CBI decide not to appeal the acquittal?
A: On October 8, 2025, CBI’s Anil Singh told Bombay HC: “We accept the 2018 verdict after 7 years. No appeal.” Reasons? Weak evidence – 92 hostile witnesses, no “substantive proof” of conspiracy, per Judge Sharma. CBI probed under UPA; post-2014, priorities shifted. Critics say political pressure; CBI denies. It weakens brothers’ case, as prosecution won’t back retrial. But appeals stand on procedural flaws, not CBI support.
Q5: What are the chances of a retrial now?
A: Slim but possible. Brothers claim Section 164 statements (magistrate-recorded) were ignored; recall pleas dismissed hastily. HC ordered witness chart by October 15, 2025. If proven, Section 386 CrPC allows retrial. Past: HC admitted appeal in 2019 despite delays. But CBI’s stance and time (20 years) weigh against. Legal experts like Rebecca John say, “Procedural errors can reopen, but evidence must hold.” For families, it’s hope amid despair.
Q6: How does this case connect to other Gujarat encounters?
A: Part of 22 alleged fakes (2002-2006), per 2012 SIT. Ishrat Jahan (2004): College girl killed as “fidayeen”; CBI said fake. Haren Pandya murder (2003): BJP minister shot; CBI linked Sohrabuddin. Popular Builders case: Linked extortion. All under Vanzara’s ATS. Exposed “encounter culture” post-riots. Supreme Court in 2009: “Gujarat’s cops can’t probe themselves.” Led to witness protection push, but 2018 Act lacks bite – no enforcement in high-stakes cases.