The story so far: The Supreme Court has decided to hear an appeal challenging the acquittal of 22 individuals, 21 of whom are police officials from Gujarat, Rajasthan, and undivided Andhra Pradesh, and one is a civilian. They are accused in the 2005 alleged fake-encounter deaths of Sohrabuddin Shaikh, his wife Kausar Bi, and associate Tulsiram Prajapati.
A three-judge Bench of Chief Justice of India (CJI) Surya Kant, along with Justices Joymalya Bagchi and V. Mohana, issued formal notices on a special leave petition filed by Rubabuddin Shaikh, brother of Shaikh, against a judgment of acquittal pronounced by a Bombay High Court Division Bench headed by its then Chief Justice Shree Chandrashekhar (presently a Supreme Court judge) and Justice Gautam A. Subsequent to Mr. Shah’s discharge, the CBI court similarly found no prima facie evidence against senior Gujarat and Rajasthan Police officers, including former ATS chief D.G. Vanzara and Rajkumar Pandian.
Ankhad on May 7, 2026. The Bench orally highlighted an interest in scrutinising the factor of 92 of the 210 witnesses who turned hostile during the trial by denying their statements supporting the prosecution’s version that the killings of Shaikh, Kausar Bi, and Prajapati in fake encounters were in furtherance of a criminal conspiracy between police officers and politicians.
Because 92 prosecution witnesses turned hostile, it said there was no ground to infer that the trial was not conducted properly.
The High Court said the prosecution failed to establish a motive on the part of the police to stage a fake encounter, or even, for that matter, that Shaikh and Kausar Bi were abducted by the Gujarat and Rajasthan Police.
The background of the 2005 encounter case
Following a public outcry and demands from Shaikh’s family members, the Supreme Court handed the investigation to the Central Bureau of Investigation (CBI) in January 2010. He was allowed to return to Gujarat by the Supreme Court in 2012. Loya, who suddenly fell ill at a Nagpur guesthouse and died of a cardiac arrest on December 1, 2014.
It also shifted the trial from Gujarat to a Special Court in Mumbai to ensure a fair trial. Mr. The trial attracted controversy following the death of one of the judicial officers, Judge B. H. Petitions seeking an independent investigation into his death were rejected by a Supreme Court bench comprising then Chief Justice Dipak Misra and Justices A. M. Khanwilkar and D. Y. Chandrachud (both are now retired).
The Supreme Court barred him from entering Gujarat to ensure the “integrity” of the investigation.
Shah, who publicly declared his innocence, surrendered before the CBI. He spent over three months in jail before the Gujarat High Court granted him bail.
