CBI must appeal in HC: Rubabuddin

Mumbai: Upset over Central Bureau of Investigation (CBI) not filing appeal against acquittal of accused in Sohrabuddin Sheikh’s fake encounter case, Sohrabuddin’s brother Rubabuddin Sheikh has written letters to home secretary and the director of CBI requesting them to file appeal against acquittal of all the accused in the higher court.

“We will approach the high court and do our job but it is also the CBI’s duty to file appeal against acquittal of all the accused in such a case where there is ample of evidence against the accused and the trial judge has passed judgement by going out of the way in acquitting them,” said Rubabuddin while speaking to The Asian Age.

“The CBI failed to examine a number of important witnesses in the case and the family is extremely unhappy with the jud-gement as well as with the fact that so far the CBI has not filed appeal against acquittal,” he said.

Rubabuddin in his letter, dated 14, January 2019, has said, “As you may be aware that special court for CBI has pronounced the judgment and acquitted all the accused persons in above mentioned cases on December 12, 2018. The said judgement is bad in law and prima facie untenable and non maintainable in law and the special CBI court has erred in appreciating the fact and evidence in right perspective.”

The letter, copy of which is with The Asian Age, further read, “In the light of nature and circumstances of the fake encounter and the judgement of the special court for CBI, I humbly request you to kindly undertake all necessary measures to file appeal before the high court of Bombay.” It further said, “I assure you that we have an excellent case on merits to file appeal in the high court challenging the aforementioned judgement of the special court for CBI.”

The CBI court had acquitted all the 22 accused for want of evidence. The trial judge S.J. Sharma had observed that the prosecution has failed to prove case beyond reasonable doubt.