On Monday, a bench headed by Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana issued a notice on a petition filed by Sohrabuddin's brother, Rubabuddin Shaikh, challenging the discharge of Union Home Minister Amit Shah in the 2005 encounter case. The Supreme Court made it clear it would not revisit Shah's discharge, yet agreed to examine the acquittals of 22 other accused, including 21 police officers from Gujarat, Rajasthan and Andhra Pradesh.
The 2005 Sohrabuddin case, which saw the CBI accuse Shah of murder, kidnapping, extortion and conspiracy, culminated in a December 2014 special CBI court discharge. The Bombay High Court upheld the acquittals of 22 accused in May, rejecting a fresh challenge to Shah's discharge as politically motivated.
In the trial, the prosecution examined 210 witnesses, 92 of whom turned hostile. Despite this, the Bombay High Court held that the prosecution failed to establish the alleged abduction of Sohrabuddin, Kausar Bi and Tulsiram Prajapati or the conspiracy behind their killings.
Justice Bagchi noted that "92 witnesses turning hostile is a serious concern" and urged the court to consider whether the trial was fair.
Chief Justice Surya Kant said the bench wanted to review statements from key witnesses before deciding on the acquittals, inviting parties to submit up to four statements they deem vital. The Supreme Court will schedule a hearing to examine these statements, with a decision expected by early next month.