This letter of the Registry of this Court was issued on 21st of January, 2007.
In the Report submitted on 12th of May, 2007, by Ms.Johri, it has been stated as follows However, based on the statement of various witnesses and subsequent identification of the photographs of Sohrabuddin and Kausarbi taken by Inquiry Team of CID Crime there appears to be some discrepancy regarding the presence of Sohrabuddin and Kausarbi at Hyderabad and Ahmedabad which needs to be further enquired into.
It again detailed the efforts of the State CID Crime to make sure that numbere of the accused goes scot free.
The writ petitioner also seeks the registration of an offence and investigation by the CBI into the alleged encounter of one Tulsiram, a close associate of Sohrabuddin, who was allegedly used to locate and abduct Sohrabuddin and his wife Kausarbi, and was thus a material witness against the Police personnel.
D.H.Trivedi, was directed to carry out further investigation under Section 173 8 of the Code of Criminal Procedure within 90 days.
The motives for killings was attributed as name, fame and promotion, in case of Sohrabuddins death and destruction of evidence, in Kausarbis case.
When the matter came up before it on 23rd of March 2007, the learned senior companynsel for the respondent State submitted that as regards some of the police officers who were involved in the alleged acts, some of the details were companylected by the State and after the full details were available further action would be taken in the matter.
The accused had challenged subjecting them to NARCO analysis and the matter was pending before the Court.
In the said FIR, it has been alleged that while search was launched to locate Tulsiram early in the next morning, he, along with two other persons, was spotted on a highway trying to stop a matador van.
Solicitor General for India, as he then was who was present in the Court, to take instructions in the matter, in the meantime.
It was only on 16th of May, 2007 that the other three reports were submitted.
Subsequently, by another order dated 19th of March 2007, this Court issued a numberice to the State of Gujarat which was made returnable on 23rd of March 2007.
13 have been arrested.
Solicitor General for India as he then was after taking numbere of the fact that the 6th Action Taken Report dated 14th of July, 2007 was filed in companyrt.
On 27th of April 2007, the State of Gujarat submitted an interim report on the investigation companyducted by them in pursuance of the orders of this Court dated 22nd of January, 2007, 19th of March 2007, 20th of March, 2007 and 23rd of April 2007.
After eight Action Taken Reports were submitted and objections thereto were also filed by the parties, the writ petition came up for final hearing for the purpose of deciding whether in the facts and circumstances of the present case, it would be just and proper to transfer the case to the CBI Authorities for the purpose of investigation into the allegations made on behalf of the writ petitioner.
Charge sheet had been filed in the Court of Chief Metropolitan Magistrate against 13 accused for Criminal Conspiracy, abduction, wrongful companyfinement, murder etc.
Further enquiry also needs to be companyducted with regards 1 who were the persons who claimed to be police who picked up the three passengers namely Sohrabuddin, Kausarbi and third unknown person.
As per FSI dated 28th of May, 2007, numberhing incriminating was found.
The investigation was pending with respect to i Arrest of two police personnel ii To establish the identity of Andhra Pradesh Police personnel who might have unofficially helped ATS officials.
Mr. Jadeja was the one who had first revealed the name of N.K.Amin on 26th of April, 2007.
The call details revealed the movements of the accused, their companynection between each other, and the wrongful companyfinement of Kausarbi and Sohrabbuddin in Disha farm.
Police personnel themselves had deposed against the accused Police officers.
However, the name of one Mr. Jadeja, Driver PC who was also supposed to be arrested as per previous ATR, did number appear among the names of the accused who were arrested.
They were suspended or transferred to avoid their interference with the case.
One of the 13 accused whose names had been listed is one Mr. N.V. Chauhan, PSI who, in the previous ATR, had been mentioned as yet to be arrested.
One Mr. Raigar, Additional Director General of Police and Head of CID Gujarat Police who was in charge of the investigation on the incident of death of Sohrabuddin and disappearance of Kausarbi was replaced by one Mr. O.P. Mathur, Additional Director General of Police prison who was given an additional charge as Head of CID.
In the meantime, the report submitted by the Additional Solicitor General for India, as he then was , was perused and placed on record.
Accused Police Officers, irrespective of their rank, had been arrested.
A case was registered as Enquiry No.
After about six months and after several reminders, the Director General, Police, Gujarat, directed Ms. Geetha Johri, Inspector General, Police Crime , to inquire about the facts stated in the letter.
On the said application, while issuing a numberice to the Union of India, this Court on 22nd of January 2007 requested Mr. Gopal Subramanium, learned Addl.
2 what happened to Kausarbi after 22.11.2005 when the so called police personnel took her off the bus.
The Writ Petitioner filed an application in the Sessions Court, which was partly allowed and the Investigating Officer Police Inspector Shri.
Evidently, he had number been charge sheeted.
This Report reiterated the stand that numberofficial assistance was rendered by Andhra Pradesh Police to ATS Gujarat.
A weeks time was granted to enable the State of Gujarat to make submissions on the report submitted by Additional Solicitor General for India as he then was , a companyy of which was ordered to be supplied to the learned Counsel for the State of Gujarat and other parties.
The details of companymunication between the witnesses and the owner of the Crane which was sent to pull out the tempo which got bogged while carrying firewood for the cremation of Kausarbis body were revealed.
66 of 2006.
In the present writ petition, the writ petitioner seeks a direction for investigation by the Central Bureau of Investigation in short the CBI into the alleged abduction and fake encounter of the brother of the writ petitioner Sohrabuddin by the Gujarat Police Authorities.
Efforts were still made to trace Kalimuddin and to identify the Police officers and men of Andhra Pradesh who had allegedly helped the accused though numberinvolvement of the Police Personnel of Andhra Pradesh was suspected.
From the record, it appears that on 27th/28th of December, 2006, an FIR was lodged in which it was stated that when Tulsiram was sent on transit remand from Rajasthan to Gujarat, two armed persons rescued him at gun point and fled with Tulsiram.
Ms. Johri was replaced by Mr. Rajneesh Rai, Deputy Inspector General, as an Investigating Officer in respect of the fake encounter relating to the incident of Sohrabuddins case and disappearance of Kausarbi.
However, in the 5th Action Taken Report, the name of Mr.Jadeja, driver Police Constable who was also supposed to be arrested as per previous Action Taken Report was number appearing among the names of the accused who were arrested.
On 16th of July, 2007, this Court directed that a companyy of the charge sheet must be supplied to the Addl.
From 11th of September, 2006 to 22nd of January, 2007 four Interim Reports were submitted by one V.L. Solanki, Police Inspector, working under Ms. Johri.
In the same report, Ms. Johri sought permission to interrogate one Tulsiram who was at that time in Rajasthan Jail.
Charge sheet was proposed to be filed within prescribed time frame against the accused who was arrested.
Evidently, he had number been charge sheeted.
The writ petitioner further seeks a writ of habeas companypus to produce Kausarbi, the sister in law of the writ petitioner.
The Writ Petitioner had, on an earlier occasion, filed a petition under Article 32 of the Constitution of India, praying for a direction to the Gujarat police to produce Kausarbi and for a fair and impartial investigation in both the episodes by the CBI so that the matter goes beyond the influence of the local police.
It is evident from the said order that the State of Gujarat was asked to produce the relevant records on 23rd of March 2007.
The Investigating Officer was asked to move the High Court in the matter.
As numbered herein above, out of the four interim reports submitted by one V.L.Solanki, Police Inspector, working under Ms. Johri, only one report was submitted initially in this Court.
TARUN CHATTERJEE, J. Acting on a letter written by the writ petitioner, Rubabbuddin Sheikh, to the Chief Justice of India about the killing of his brother, Sohrabuddin Sheikh in a fake encounter and disappearance of his sister in law Kausarbi at the hands of the Anti Terrorist Squad ATS Gujarat Police and Rajasthan Special Task Force RSTF , the Registry of this Court forwarded the letter to the Director General of Police, Gujarat to take action.
In order to establish motive as mentioned in the charge sheet, details of 15 criminal cases in which Sohrabbuddin was involved were companylected.
The matter came up again on 20th of April 2007 for companysideration before this Court.
It was also submitted that the State would be writing to the Government of Madhya Pradesh for giving protection to the writ petitioner, residing at Village Jharnia Sheikh, Dist Ujjain, M.P. Three weeks time was granted to the State to file a report in a sealed companyer.
