Former Bombay High Court Justice Abhay Thipsay on Wednesday raised few serious questions related to the manner in which several prominent persons have been acquitted in the Sohrabuddin Sheikh fake encounter case.
Justice Thipsay, who retired as an Allahabad High Court judge last year, said the trial, in this case, was unlike the proceedings in other cases in session courts and several such things have occurred in this case that generally doesn't happen during other trials.
"Several accused in this case were denied bail for several years, meaning there would have been a strong case against them. But later the court held that there is no prima facie case against those accused and later they were cleared," Justice Thipsay told ABP News.
"Logically, it cannot be digested that there was no case against them. Had there been no prima facie case against them, they would have been granted bail earlier," he added.
Justice Thipsay said such processes signal that witnesses were under pressure. Besides, the “absurd” inconsistencies in the process and evidence of “mischief” all indicate one thing; the failure of justice and of the justice delivery system.
He said some accused have been discharged while some are not, though the nature of material against them is the same.
Justice Thipsay, in an interview to Indian Express, said that the Bombay High Court should use its powers of revision even if it does so suo moto, adding that several aspects of the case are “contrary to common sense.”
“This number (of people discharged in the case) is very high, that is alarming and shows a need to re-examine these matters, the superior court must examine discharge orders and see if they are justified and proper,” said Justice Thipsay.
The Bombay High Court had on Tuesday asked the Central Bureau of Investigation (CBI) what steps it was taking to ensure that witnesses were able to testify “fearlessly” after two more witnesses in the Sohrabuddin Sheikh fake encounter case turned hostile, maintaining that the premier investigative agency could not be a “silent spectator”.