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This is an archive article published on August 5, 2009

Don’t trust state cops,says Sohrabuddin’s brother,seeks transfer of case

Rubabuddin Sheikh wants further investigation of the case to be conducted by an agency other than the Gujarat Police to ensure justice.

Rubabuddin Sheikh,brother of Sohrabuddin Sheikh,who was killed in a fake encounter on the outskirts of Ahmedabad in November 2005,wants further investigation of the case to be conducted by an agency other than the Gujarat Police to ensure justice.

On Monday,the Supreme Court issued a notice to the state government,asking it to show cause why the probe into the incident be not handed over to Special Investigation Team (SIT) headed by R K Raghavan. Rubabbuddin told Newsline over phone from his native village of Jhaniya in Ujjain district of Madhya Pradesh that a proper probe is possible only if it is assigned to some other agency.

Sohrabuddin was gunned down by a joint team of Gujarat and Rajasthan Police near Vishala Circle on November 26,2005. However,the police had claimed that he was killed in an encounter and that Sohrabuddin was on a mission to kill Chief Minister Narendra Modi.

Later on,Sohrabuddin’s wife Kausar Bi was also killed on November 29,2005 and her body was burnt.

Rubabuddin,who recently got one of his legs amputated due to severe infection and now walks with the help of an artificial leg,said,“What I am interested in is justice only for the murder of my brother and sister-in-law Kausar Bi and it is immaterial who delivers it.”

But he made it very clear that “justice is impossible with Gujarat Police further investigating the episode”.

“However,it is for the court to decide whom to hand over the further probe,” he said.

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Rubabuddin alleged that the probe by Gujarat Police was not fair although a total of 13 policemen,including three IPS officers — D G Vanzara,Rajkumar Pandian and Dinesh MN — were arrested on investigations by DIG Geetha Johri,and all of them are lodged in prison ever since.

Pointing out loopholes in the investigation,he said the chargesheet prepared by investigators did not name the owner of the motorcycle that was,according to the policemen involved in the encounter,driven by Sohrabuddin at the time of encounter.

Besides,it did not mention why and how Kausar Bi was killed and also avoided mentioning his (Rubabuddin’s) conversation on the cellphone of Sohrabuddin on November 22 and 23,2005,after the latter was picked up by the Gujarat Police in Andhra Pradesh.

“Had these facts been included,it would have further strengthened the case,” he said.

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Rubabuddin,who has been provided round-the-clock security at his village,also alleged that attempts were being made to frame him in false cases to pressurise him to back out from the case.

He said over four dozen policemen in plainclothes descended at his house on the night of June 29,2009,to arrest him though there was no case against him. However,the policemen went back because of protest by the villagers.

“At that time,I was bedridden due to infection in my leg and was even unable to walk,” he said.

“After I sent a telegram to the apex court about police looking for me without any charge,I was told by the Nagda police that I was wanted in a case of threat and intimidation booked against me,my two brothers and my 80-year-old father,on a complaint by a tenant of my friend Virendra Jojoria,” Rubabuddin said.

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However,he and his family members have now secured anticipatory bail in the case.

He said his elder brother,Shahnawazuddin,was recently denied a weapon’s licence by the Ujjain district administration on the ground that “it is not reasonable”.

“Earlier,I was also denied the licence without any reason,” he said.

‘Close’ encounter
* After Sohrabuddin Sheikh was gunned down,investigation was conducted by the Anti-Terrorist Squad (ATS). But it was closed after an A-summary report was filed that said the two other accused including Rasool Parti,were untraceable.
* Rubabuddin wrote to the Supreme Court in December 2005,suspecting the encounter to be a case of murder.
* On a Supreme Court order,CID (crime) began investigation in July 2006.
* CID (crime) submitted its report in September 2006 and called it a case of murder and not encounter,opening a can of worms. It led to the arrest of three IPS officers in April 2007.

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