RUBABBUDDIN SHEIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Acting on a letter written by the writ petitioner, Rubabbuddin Sheikh, to the Chief Justice of India about the killing of his brother, Sohrabuddin Sheikh in a fake encounter and disappearance of his sister-in-law Kausarbi at the hands of the Anti Terrorist Squad (ATS) Gujarat Police and Rajasthan Special Task Force (RSTF), the Registry of this Court forwarded the letter to the Director General of Police, Gujarat to take action. This letter of the Registry of this Court was issued on 21st of January, 2007. After about six months and after several reminders, the Director General, Police, Gujarat, directed Ms. Geetha Johri, Inspector General, Police (Crime), to inquire about the facts stated in the letter. A case was registered as Enquiry No. 66 of 2006. From 11th of September, 2006 to 22nd of January, 2007 four Interim Reports were submitted by one V.L. Solanki, Police Inspector, working under Ms. Johri.

(2.) In the present writ petition, the writ petitioner seeks a direction for investigation by the Central Bureau of Investigation (in short the 'CBI') into the alleged abduction and fake encounter of the brother of the writ petitioner Sohrabuddin by the Gujarat Police Authorities. The writ petitioner also seeks the registration of an offence and investigation by the CBI into the alleged encounter of one Tulsiram, a close associate of Sohrabuddin, who was allegedly used to locate and abduct Sohrabuddin and his wife Kausarbi, and was thus a material witness against the Police personnel. The writ petitioner further seeks a writ of habeas corpus to produce Kausarbi, the sister-in-law of the writ petitioner.

(3.) As noted herein above, out of the four interim reports submitted by one V.L. Solanki, Police Inspector, working under Ms. Johri, only one report was submitted initially in this Court. It was only on 16th of May, 2007 that the other three reports were submitted.