ORDER

1. Acting on a letter written by the 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) Police, Gujarat and Rajasthan Special Task Force (STF), 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 21 - 1 - 2006. After about six months and after reminders the Director General, Police, Gujarat, directed Mrs 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. Be it mentioned herein that about 6 months were taken to direct investigation into the matter. From 1 - 9 - 2006 to 22 - 1 - 2007 four interim reports were submitted by one Y.L. Solanki, Police Inspector, working under Mrs Geetha Johri. Out of these four interim reports, it appears that only one report was submitted initially in this Court. It was only on 16 - 5 - 2007 that the other three reports have been submitted.

2. In the report of Mrs Johri dated 12 - 5 - 2007, it has been stated as follows:

"However, based on the statement of various witnesses and subsequent identification of the photographs of Sohrabuddin and Kausarbi taken by inquiry team of cm (Crime), there appears to be some discrepancy regarding the presence of Sohrabuddin and Kausarbi at Hyderabad and Ahmedabad which needs to be further enquired into. Further enquiry also needs to be conducted with regard to (1) who were the persons who claimed to be police who picked up the three passengers, namely, Sohrabuddin, Kausarbi and a third unknown person; (2) what happened to Kausarbi after 22 - 11 - 2005 when the so - called police personnel took her off the bus."

3. In the same report, Mrs Johri sought permission to interrogate one Tulsiram who was at that time in Rajasthan Jail. From the record it appears that on 27 - 12 - 2006/28 - 12 - 2006, an FIR was lodged in which it was stated that when Tulsiram was sent on transit remand from Rajasthan to Gujarat, two armed persons rescued him at gunpoint and fled with Tulsiram. In the said FIR it has been alleged that while search was on for Tulsiram early in the next morning, he, along with two other persons, was spotted on a highway trying to stop a matador. It has also been alleged, that one of the police officers who was following the matador in which Tulsiram was travelling, accosted him, upon which Tulsiram was said to have fired at the 9 police officer and the bullet was said to have hit the mudguard of the vehicle. The police officers were said to have fired at Tulsiram in self - defence, killing him. However, the other two persons somehow managed to escape in the darkness.

4. It appears from the records of this case that one Mr Raigar, Additional Director General of Police and Head of cm, Gujarat Police who was in h charge of the investigation of the incident of death of Sohrabuddin and disappearance of Kausarbi was replaced by one Mr a.p. Mathur, Additional Director General of Police (Prisons) who was given an additional charge as Head of cm.

5. However, Mrs Geetha 10hri was replaced by Mr Rajnish Rai, Deputy Inspector General, as an investigating officer in respect of the fake encounter relating to the incident of Sohrabuddins case and disappearance of Kausarbi. We may take note of the fact that this petition under Article 32 of the Constitution was moved in this Court on 22 - 1 - 2007 when notice was issued only to Respondent 11, Union of India, and Mr Gopal Subramanium, learned Additional Solicitor General, who was present in Court was requested by this Court to take instruction in the matter.

6. Subsequently, on 19 - 3 - 2007 the matter came up before this Court and this time a Bench of this Court issued notice to the State of Gujarat which was made returnable on 23 - 3 - 2007. Later,