TARUN CHATTERJEE, AFTAB ALAM
Rubabbuddin Sheikh – Appellant
Versus
State of Gujarat – Respondent
The petitioner has previously approached this Hon’ble Court through a Special Criminal Application seeking a direction for a de novo FIR and a fresh investigation. The Court, in its order dated 18.06.2025, directed the respondent authorities to consider the petitioner’s representation and to communicate the outcome within four weeks. However, it appears that despite this clear direction, the respondent authorities have not yet communicated the outcome or taken further action in accordance with the Court’s order. This non-compliance may be viewed as a failure to adhere to the Court’s directive and could potentially warrant further legal action to ensure that the respondent authorities fulfill their obligations and that the petitioner’s rights to a fair investigation are protected.
JUDGMENT
Tarun Chatterjee, J. —
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 t
Kashmeri Devi vs. Delhi Administration & Anr. [AIR 1988 SC 1323]
Inder Singh vs. State of Punjab & Ors. [1994 (6) SCC 275]
Gudalure M.J.Cherian & Ors. vs. Union of India [1992 (1) SCC 397]
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Vineet Narayan & Ors. vs. Union of India [1996(2) SCC 199]
Union of India vs.Sushil Kumar Modi [1998 (8) SCC 661]
Aleque Padamsee & Ors. vs. Union of India &Ors. [2007 (6) SCC 171]. Referred. (Para 44)
M.C.Mehta vs. Union of India & Ors. [2008 (1) SCC 407]
R.S.Sodhi vs. State of U.P. (AIR 1994 SC 38
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