This particular case has had several twists and turns prior the Supreme Court of India directive to hand over this case to the CBI.
The entire matter kickstarted before the Supreme Court of India when Rubabuddin, the brother of the deceased sent a letter to the Supreme Court on December 2005 alleging that on November 23 2005 Sohrabuddin and his sister in-law Kausarbi were traveling in a bus from Hyderabad to Sangli. On the same night a team comprising the officers of Gujarat, Andhra Pradesh and Rajasthan stopped the bus and picked them up. On 26 November 2005 Sohrabuddin was killed in a fake encounter by the police and at that time there was no trace of Kausarbi
On receipt of this letter, the Supreme Court of India treated it as a petition and the same was forwarded to the Director General of Police of Gujarat for further inquiry. The DGP Gujarat forwarded the letter to the State CID (Crime) and the inquiry was handed over to Geetha Johri, IGP, State CID (Crime). Geetha Johri constituted a team of officers who in turn visited Hyderabad, Jharnia, Madhya Pradesh and recorded several statements of witnesses of the said incident.
Four reports were submitted and a summary of the same reads as follows:
Sohrabuddin and his wife Kausarbi on 22-23/11/2005 were traveling in a bus bearing number KA-05-AF-5051 from Hyderabad to Sangli.
Rajkumar Pandiyan SP, ATS, N. H. Dabhi, PI, ATS, Santram Sharma, Police Constable, ATS, Jadeja, Driver ATS and Gurudayal Singh, Driver ATS were present at Hyderabad on 21-22-23/11/2005.
Dabhi Santram Sharma, Jadeja and Gurudayal Singh started from Ahmedabad at around 1900 Hrs. on 20/11/2005 in a private Qualis car and reached Hyderabad at around 20.00 Hrs. on 21/11/2005.
On 22/11/2005 Dabhi instructed Ajay Parmar to make two fake number plates for Qualis car. On instruction Ajay Parmar made two fake number plates whose number started AP-II, which were fitted in the Qualis car.
On 21/11/2005, Rajkumar Pandiyan met Radhakrishnan, an IPS officer of Gujarat cadre, who was on deputation to CISF Hyderabad at his residence at Hyderabad.
On 22/11/2005 Rajkumar Pandiyan was present in the IPS mess, Hyderabad along with two Sub Inspectors and five Policemen of Andhra Police and other ATS police personal named above.
On 22/11/2005 Pandiyan, Santram Sharma and Dabhi started from IPS mess Hyderabad in the same Qualis with fake number plates followed by two Tata Sumo cars, wherein one car the Andhra Pradesh Police were sitting and in the other car two police personnel of Andhra Pradesh Police along with Gurudayal Singh were sitting.
On 22-23/11/2005 in the night hours the Qualis with Rajkumar Pandiyan intercepted the bus bearing number KA-05-AF-5051 on Hyderabad Bombay High was and stopped it. Thereafter Policemen entered from the Qualis entered the bus and picked up Sohrabuddin and his wife Kausarbi.
On 23/11/2005 Parmar arranged a farm house named Disha-Farm House, Jamiyatpura village, near Adalaj, Gandhinagar to keep Sohrabuddin and his wife Kausarbi. Two days later he was taken away by the officers. The next day Kausarbi was taken by some Policemen in a Maruti car.
On 26/11/2005 at around 0330 Hrs in the night Vanzara, Rajkumar Pandiyan, Dabhi and police officers of Rajasthan Police left the ATS office. At around 0400 Hrs. in the night Dabhi called Parmar and instructed him to bring a Hero Honda Splendor motorcycle lying in the backyard of the ATS office to Narol circle. In about 25 minutes Parmar reached the Narol circle and at that to time and place the vehicles of ATS including the vehicles of DIGP Vanzara and SP Rajkumar Pandiyan were parked and all the aforesaid officers were present there. Sohrabuddin was pulled out of the Maruti car and
thrown on the road. Police Inspector Abdul Rehman from his service pistol fired two rounds, ASI Ramsingh one round, ASI Himanshusingh two rounds and PI Dabhi three rounds on Sohrabuddin. Vanzara instructed Parmar to take Sohrabuddin to the Civil Hospital.
The Amith Shah angle: During the course of the hearing before the Supreme Court, it was observed that everything was going on smoothly and none of the officers probing the case faced no hurdle. However, as soon as the statements of witnesses pertaining to confinement of Sohrabuddin and Kausarbi at the Farm house came to be recorded Vanzara and Pandiyan brought this to the notice of Amit Shah, Minister of State for Home, Government of Gujarat.
It transpires that Shah, brought to bear pressure on some of the officers to suspend the inquiry and also took away the papers under the guise of scrutiny.It is learnt that Amit Shah, directed G.C. Raigar, Additional Director General of Police, C.I.D. (Crime & Railways) to provide him with the list of witnesses, both police and private, who are yet to be contacted by CID (Crime) for recording their statement in the said enquiry. Such direction of Minister of State for Home goes beyond the scope of his office it was argued.
It was further submitted that Shah called for a meeting of these officials probing the case on January 30 2006 during which he tried to influence the Investigating Agency into believing that Kausarbi was not a lawfully married wife of Sohrabuddin and that she might have run away somewhere. It is reliably learnt that the Minister in course of conversation with the senior officers had admitted in cavalier manner that Kausarbi had been killed as well.
Conclusion by the Supreme Court:
It is established that Sohrabuddin and wife Kausarbi were traveling in a bus going from Hyderabad to Belgam, enroute to Sangli, on the night of 22/23.11.2005. ATS team headed by Rajkumar Pandian intercepted the bus, detained Sohrabuddin and Kausarbi along with one another. The husband and wife brought to Ahmedabad, after which Sohrabuddin was killed in fake encounter on 26.11.2005 in the morning and Kausarbi is missing till date, reportedly killed.
This is a very serious matter for several reasons, the least being the fact that police force of one State of the Union namely, Gujarat traveled to another State, namely Andhra Pradesh, detained two citizens, brought them back, of which one was killed and other disappeared. This was done with collusion of police force of third State of the Union, namely Rajasthan. It brings into sharp focus the unbridled powers of the police, especially unscrupulous police officers and the safety of an ordinary citizen going about his daily routine in our society.
The collusion of state government in the form of Amit Shah, MOS for Home, is by far most serious aspect of this entire sordid episode. This makes a complete mockery of the rule of law and is perhaps an example of the involvement of State Government in a major crime. Safety of the life of a citizen is a fundamental right; the constitutional implication requires to be examined in the true spirit.
For the above reasons, it is recommended that the entire enquiry should at once be entrusted to the Central Bureau of Investigation including the encounter in the death of Sohrabuddin, the disappearance of Kausarbi and the death of Tulsiram Prajapati in a police encounter. It is further recommended that, CBI may be directed to constitute a special investigation team so that all facets are thoroughly investigated and culprits brought to justice as quickly as possible.