Justice derailed in Sohrabuddin encounter case, says retired Bombay HC judge: Explosive interview to Indian Express

Written by Indian Express | Published on: February 14, 2018

Justice Abhay M Thipsay, a former judge of the Bombay High Court who ruled on four bail applications in the case, calls for the HC to look into “selective discharge of high-profile accused, abrupt transfers, questions over bail, pressure on witnesses to turn hostile”.


Sohrabuddin case: Retired Bombay High Court Judge Abhay M Thipsay said the HC must exercise its powers of revision, even suo-motu if necessary, to relook at the case. (Express Photo/Pradip Das)

The way several high-profile accused in the Sohrabuddin Shaikh alleged fake encounter case were discharged, the “absurd” inconsistencies in the legal process, signs of witnesses under pressure or threat, evidence of “mischief” — all point to the “failure of justice and of the justice delivery system”.

These are among the series of observations made by Justice Abhay M Thipsay, a former judge of the Bombay High Court who ruled on four bail applications in the case, in an interview to The Indian Express. Speaking out for the first time on the case since he retired last year as judge of the Allahabad High Court in March 2017, Justice Thipsay said the Bombay High Court must exercise its powers of revision, even suo-motu if necessary, to relook at the case.
 

Describing as “absurd” the inconsistencies he found in orders passed by the special CBI court currently hearing the case in Mumbai, Thipsay said the court believed there was an abduction and a staged encounter but still discharged senior police officers. Several aspects of the case raise suspicion, he said, and are “contrary to common sense.” 

Read the full Indian Express report.