Sohrabuddin encounter case: HC upholds discharge to Vanzara, 4

The Bombay High Court Monday rejected pleas against discharge of former Gujarat ATS chief D G Vanzara and four other police officers in the Sohrabuddin Shaikh-Tulsiram Prajapati alleged fake encounter case, holding that the CBI failed to establish a prima facie case.

Justice A M Badar rejected the review applications filed by Shaikh's brother Rubabuddin and the Central Bureau of Investigation (CBI) against the discharge, and also held that these officers were acting in discharge of their official duty.

The high court also granted discharge to IPS officer Vipul Aggarwal, another accused in the case.

"The material on record does not establish any prima facie case against the discharged accused, nor does it raise any suspicion on which they must be made to face trial," Badar said.

Thus, the Gujarat Police's Vanzara, Rajkumar Pandian, N K Amin and Aggarwal and the Rajasthan Police's Dinesh M N and constable Dalpat Singh Rathod now stand discharged.

The CBI did not obtain prior sanction from the government before charge sheeting some of them, the high court said.

Even if the court were to accept the CBI's case, lack of sanction would render their prosecution unlawful, it said.

"... The accused, as seen from the material in the charge sheet, were certainly acting in discharge of official duties," Badar said.

The CBI has failed to establish that these officers had a motive to hatch a conspiracy to kill Sohrabuddin Shaikh, his wife Kausar Bi and Shaikh's aide Tulsiram Prajapati, the court said, adding that a "few bits here and few bits there cannot make out even a prima facie case for inferring conspiracy."