SC order will open Pandora’s box

Political undercurrents gain mileage after SC decision on Sohrabuddin case; Congress hopeful name of ‘prime conspirator’ will be exposed

DILIP PATEL

The SC decision to hand over Sohrabuddin case to the CBI has set the political chessboard, with Congress moving the first pawn against the state government.
The apex court order has come as a blow to the Modi government that had been maintaining all this while that the state police was conducting the inquiry in an impartial manner. “We have been demanding a CBI inquiry for the past three years now. Rajneesh Rai investigation had enough evidence against the state government.
But he was taken off the probe as the government feared it will be exposed. Now with the SC decision it is quite possible that Vanzara will undergo a narco test,” said Arjun Modhvadia, state Congress spokesperson.
The Gujarat Special Investigating Team (SIT) has been till now conducting the probe into the alleged fake encounter in which as many as 14 policemen including IPS officers DG Vanzara, an inspectorgeneral and police superintendents, Rajkumar Pandayan and MN Dinesh of Rajasthan.
The decision of apex court to hand over the inquiry of fake encounter and subsequent alleged killing of Soharabuddin’s wife Kausar Bi has come as a setback to the Gujarat government, which had been maintaining that the state police was conducting the inquiry in an impartial manner.
“The Rai investigation of the case had a CD of call records of political leaders and cops during that period. But these had vanished mysteriously. Now with tables turned, it wouldn’t be surprising to see a police officer handing over a copy of that CD to the CBI. There are officers who have kept silent since they felt that the reins of the investigation lay in the hands of the government,” a police officer said on condition of anonymity.
The Congress is hopeful the inquiry will now expose the role of several politicians from Gujarat and Rajasthan in the case.

SOUNDBYTES


This is a very significant decision as many details about the killing of Sohrabuddin and his wife, Kausarbi, are yet to emerge (in public).
—Fr Cedric Prakash, a leading human rights activist
I hope the inquiry will find out who the main conspirator was. We all want to know the truth
—Former CM Suresh Mehta
The state government has tried its level best to suppress the matter. But with CBI, there will be an impartial investigation. Political bigwigs will now lose their sleep over the Pandora’s box that will be opened. Tulsi-encounter case will also be investigated
—Former CM Shankersinh Vaghela



The court has not given its final judgement in the encounter case. In today’s order, the court has asked the CBI to investigate the case.We will take appropriate action after studying the order
— Jaynarayan Vyas, Govt spokesperson

The Supreme Court’s decision to hand over the probe into the fake encounter to CBI is a victory for truth.The BJPruled government’s attempt to win people’s sympathy by branding petty criminals as terrorists and killing them has been exposed
— Shaktisinh Gohil, leader of opposition in assembly



SC ORDERS CBI TO PROBE SOHRABUDDIN’S KILLING



The central agency has been asked to complete the probe into the case within six months

NEW DELHI: The Supreme Court on Tuesday transferred the probe into the killings of Sohrabuddin Sheikh and his wife, Kausarbi, to the Central Bureau of Investigation (CBI). A bench of Justice Tarun Chatterjee and Justice Aftab Alam ordered the CBI to investigate afresh the couple’s killing, and divested the Gujarat police of the inquiry.
Sohrabuddin was shot dead near Vishala circle in a fake encounter carried out allegedly by officers of Gujarat ATS and Rajasthan police on November 26, 2005. Kausarbi and the couple’s friend, Tulsiram Prajapati, who was a witness to gunning down of Sohrabuddin, were also reportedly killed by cops. Fourteen cops, including D G Vanzara, have been accused of staging the encounter. They are lodged in the Sabarmati Central Jail.

BLOW TO GUJARAT GOVT

ASKING THE Gujarat police to hand over to the CBI all documents and reports pertaining to the killings, the bench directed the central agency to complete its investigations preferably within six months. The apex court handed the probe to the CBI following a lawsuit by Sohrabuddin’s brother, Rubabuddin, who had expressed distrust of the state police and pointed out several lapses in the investigation.
“In the facts and circumstances even at this stage, police authorities of the state are directed to hand over the records of the present case to CBI within a fortnight from this date and thereafter the CBI authorities shall take up the investigation and complete the same within six months...,” the bench ruled. “Authorities (of the CBI) shall investigate all aspects of the case relating to the killing of Sohrabuddin and his wife Kausarbi, including the alleged possibility of a larger conspiracy.”
“We expect that police authorities of Gujarat, Andhra Pradesh and Rajasthan shall cooperate with the CBI in the investigation,” the bench said. The court gave the probe to the CBI despite the fact that the Gujarat police have already completed the probe and filed a charge sheet in the case.
“Considering the nature of crime that has been allegedly committed not by any third party, but by Gujarat police personnel, the investigation concluded in the present case cannot be said to be satisfactorily,” the bench said. “Since senior police officials of Gujarat are involve... we are of the view that to instil confidence in the minds of the victims as well as of the public, it will not be sufficient to allow state police itself to continue with the investigation.”
The 14 cops accused of carrying out the fake encounter had described Sohrabuddin as a Lashkar terrorist on a mission to assassinate Chief Minister Narendra Modi. AGENCIES

HOW THE CASE UNFOLDED


November 22, 2005: Sohrabuddin Sheikh, his wife Kausarbi and Tulsi Prajapati board a Sangli-bound bus of M L Tours & Travel from Hyderabad.
November 23, 2005: In the wee hours of the day, officers of Gujarat ATS intercept the bus and stop it near Tandola. They allegedly force Sohrabuddin and other two out of the bus and bundle them into their car.
November 24, 2005: Officers of Gujarat ATS bring Sohrabuddin and Kausarbi to Gujarat, and take them to Disha farmhouse near Adalaj.
November 25,2005: Cops reportedly go into a huddle, discuss plan to kill Sohrabuddin.
November 26, 2005: Gujarat ATS officers, including the then DIG D G Vanzara and SP Rajkumar Pandyan, allegedly gun down Sohrabuddin near Vishala circle.They go on record, terming him a terrorist on a mission to kill CM Narendra Modi
November 26-28 2005: Kausrabi and Prajapati are also killed
January 21, 2006: Sohrabuddin’s brother, Rubabuddin, files a writ petition in SC, accusing Vanzara and co of murdering Sohrabuddin in a staged encounter to win praise from the state govt.
2006: SC asks Gujarat DGP to probe the allegation. The state police chief asks CID (crime) to start probe.
March 2007: The state govt admits Sohrabuddin was killed in a fake encounter
April 24, 2007: DIG Rajnish Rai arrests Vanzara, Pandayan and Rajasthan cop Dinesh Kumar M N
April 25, 2007: A metropolitan court sends the three to 14-day police remand. Later, 11 other cops are arrested in the case
May 2007: A metropolitan court refuses to give permission for a narco test on the accused cops
July 7, 2007: CID (crime) files a charge sheet against the tainted police officers
September 28, 2008: The Gujarat HC rejects bail application of the accused
September 30, 2008: SC stays trial
January 11, 2010: SC hands probe to CBI