In a new twist to the probe into the November, 2005 fake encounter killings, the Gujarat government today told the Supreme Court that they have not been able to establish that the third man who was held with the Sheikhs — Sohrabuddin Sheikh’s encounter was faked and his wife Kausar Bi was murdered days later, allegedly by the Anti-Terrorism Squad — was Tulsiram Prajapati, the ‘encounter witness’ who was also killed a month later.

The court reserved for Thursday a decision on whether a CBI probe should be ordered into the incident.

Until now, it was believed that Prajapati was the third person made to get off the Hyderabad-Sangli bus with the Sheikhs. In fact, IGP Geeta Johri’s probe report too spoke of “an unidentified person, believed to be Tulsiram Prajapati.”

In the court today, senior advocate K T S Tulsi, appearing for the Gujarat government, said: “Till now we have failed to establish that the third person who was picked up along with Sohrabuddin and his wife, Kausar Bi, was Tulsiram Prajapati.”

Tulsi told the court that the probe into Sohrabuddin’s killing was in its last stage and the CID (Crime) would also probe Prajapati’s killing. If it was established that the third person made to get off the bus was not Prajapati, the state government would file a chargesheet in the case within the stipulated 90 days, he said.