On 21st December 2018, a Special CBI Court had acquitted all 22 accused in the “fake” encounter of gangster Sohrabuddin Sheikh, his associate Tulsiram Prajapati and the murder of his wife, Kauser Bi. These cases have long been used to target Amit Shah and Narendra Modi by Congress and the media. Now, excerpts to the Court’s judgement reveal a larger conspiracy hatched by the CBI under the then Congress government to implicate political leaders in these cases.
The CBI Court has held that the CBI (under the then Congress government) had a “premeditated theory and script” to implicate political leaders rather than trying to find the truth.
The Court observed that the witnesses statements that were used to allege “fake” encounter was wrongly recorded by the then CBI. The Court observed:
In my entire discussion, I have said that the witnesses have turned hostile when I say that the witnesses have turned hostile it merely means that they didn’t depose as per their respective statements recorded by the CBI during its investigation. However, I had the occasion of seeing the deposition of the witnesses while they were in the witness box in this court which clearly reflected that they were speaking the truth before this court. Clearly indicating that their statements were wrongly recorded under CrPc 161 by CBI during the investigation.
The Court said that after careful scrutiny of the evidence placed before him he has no hesitation in recording that the CBI wanted to prove a premeditated theory and that ‘they were doing something other than trying to reach the truth’ during the course of this investigation.
The Court said that earlier, an order was passed in connection with Accused Number 16, Amit Shah, where while discharging the petition the Judge had clearly observed that the charges against him were premeditated and politically motivated. The Court said that CBI had a script and worked its way to achieve that goal.
My predecessor has while passing an order of discharge in the application of accused number 16 (Amit Shah) clearly recorded that the investigation was politically Motivated. Having given my dispassionate consideration to the entire material placed before me and having examined each of the witnesses and the evidence closely, I have not hesitation in recording that the premier investigating agency as CBI had before it a premeditated theory and a script intended to anyhow implicate political leaders. And the agency there after nearly did what was required to reach that goal rather than conducting an investigation in accordance with law.
The Court also observed that the witnesses deposed before the court without fear asserting that their statements taken by the CBI were wrongly recorded and that the investigation was hurriedly completed.
The Court noted the negligence of the CBI towards the material part of the investigation. It was observed that the CBI’s negligence clearly indicated that they hurriedly completed the investigation either by using a replica of the earlier recorded investigation and have implicated the police personnel who had not at all knowledge of any conspiracy rather they appeared innocent.
The Court observed (Emphasis ours):
It is no doubt a matter of regret that there is a reported killing of Sohrabuddin and Tulsiram and it is going unpunished. So also Kausar Bi, wife of Sohrabuddin disappeared and the script of the CBI during the investigation that she was killed and set ablaze is lacking evidence and is also going unpunished. However, just for the sake of the record, the accused cannot be punished holding them guilty on moral or suspicion grounds. I have therefore no options to conclude that the accused are not guilty and are to be acquitted.
Interestingly, some startling loopholes in the CBI’s (under Congress government) investigation too came to light.
According to Times Now, the following observations were made to point holes in the investigation that was force-fit to implicate political leaders.
- CBI did not collect the phones of the accused nor their call data.
- The service revolvers allegedly used to shoot at Sohrabuddin were not examined.
- The entry of weapons in the record book was not examined.
- The shells of bullets seized from the accused were not sent to FSIL to examine and match with the pin mark of the weapons collected from Udaypur.
- Bullet found inside the body of Sohrabuddin matched with the pin mark of revolver collected from ATS, however, there was no evidence to whom the revolver was allotted.
- The journey of Sohrabuddin from Indore to Hyderabad and later was not established.
- Bus tickets were booked in the name of Salman and Shaikh. But no investigation was carried out to find who is Salman and who is Shaikh.
- There was no evidence to prove that 5 officers of the ATS travelled from Ahmedabad to Sangli.
- Who killed Sohrabuddin is a question mark, it has not been established. The chain is missing.
One must recall that Sohrabuddin’s brother too had asserted that he had not named Amit Shah at all in 2010 and that Shah’s name was added much later by the CBI itself.
With these scathing comments, the media that has been spreading half truth to help Rahul Gandhi and the Congress party spread whole lies have been put in a spot.
Just a few days ago when the Court had acquitted all 22 accused, Rahul Gandhi had yet again tried to politicise this concocted case.
NO ONE KILLED…
THEY JUST DIED.
— Rahul Gandhi (@RahulGandhi) December 22, 2018
A month before that on 22nd November, The Print and The Wire had published ‘SHOCKING’ headlines that attempted to implicate Amit Shah in the “conspiracy” to kill Prajapati. The portals had conveniently left out most of the facts of the case just to further the Congress narrative.
With the Court observing that the CBI was creating evidence and falsifying statements to implicate political leaders, obviously pointing towards Amit Shah and Narendra Modi, one would wonder if now the Congress would back off and the media would finally grow a conscience. One also wonders if Rahul Gandhi will stay true to his innate brazenness and continue lying about the facts of the case just like he did after the Supreme Court rubbished all allegations against the Rafale deal signed between the Indian and French government.