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CBI spoilt the case, fabricated evidence: Sohrabuddin's brother

Tuesday, September 18, 2018
By Bhavna Uchil

Sohrabuddin - Tulsiram killing case clean chit to Amit Shah, IPS officer Abhay Chudasama

Dealing a blow to the Sohrabuddin – Tulsiram alleged fake encounter case, Sohrabuddin's younger brother Nayamuddin appeared in court yesterday and gave a clean chit to discharged accused IPS officer Abhay Chudasama and BJP President Amit Shah, also a discharged accused in the case, and instead said that the CBI has spoilt the case and fabricated evidence.

While he stood by the prosecution case that his brother Sohrabuddin and sister-in-law Kauser Bi had been abducted when on their way in a private bus from Hyderabad to Sangli, he refuted the case that Tulsiram was also with them in the same bus and had also got abducted. “CBI ne gadbad kari” (CBI has messed up). He said that when he saw his brother and his wife off from Indore to Hyderabad, from where they left in a Maruti van, Tulsiram was not with them. “CBI ne bitha diya. Yeh koi tareeka hota hai” (CBI made him sit, is this any way), indicting that the agency had fabricated evidence.

Nayamuddin also demanded an FIR be lodged against all witnesses. So far, ouy of over 180 , 91 witnesses have been declared hostile.  

In his previous statements however, it was mentioned that he had gone to see off his brother, sister-in-law Kauser Bi and Tulsiram Prajapati from Indore bus stand to Hyderabad in a white Maruti van belonging to Kalimuddin, a friend in whose house Sohrabuddin was supposed to stay in Hyderabad.

He further denied that Abhay Chudasama had sent Azam Khan, a friend of Sohrabuddin, to him with an offer of Rs. 50 lakhs to withdraw a writ petition in the Supreme Court made by his mother. He said he did not know Azam Khan and has never met him. At another point he said he did not know who the friends of Sohrabuddin are. He submitted to court an affidavit he had made to a special CBI court in Ahmedabad in 2010 which was hearing the Sohrabuddin case then, refuting the statements recorded by the CBI. He also said he never received any threat using Amit Shah's name.

His previous statements say that sometime in the middle of 2009 Azam Khan had come to meet him at his home. That Azam told him that Abhay Chudasama, DCP, Crime Branch had sent a message to him asking him to withdraw the petition filed by the family in the Supreme Court. But that he had got angry and did not agree to the proposal. That when after a few days when Chudasama did not get the desired results, he called him on the telephone, again with the same offer. When Nayamuddin refused, he was threatened with dire consequences saying that he will meet the same fate as Sohrabuddin. The statement reads Chudasama as saying, 'You do not know Amitbhai is very angry. I can talk to Amitbhai, he can get it done in Madhya Pradesh only. It is Amitbhai's government there and you will be killed for making him a party in the petition.'

But he stuck to the prosecution case that his brother had been killed in a fake encounter by ATS Gujarat and Rajasthan police.  He said that on reaching Hyderabad from Indore, Sohrabuddin had called him on November 22, 2005 and said that they are going to Sangli by a bus of Sangeetha Travels and seats numbers 29 and 30 for medical treatment of Kauser Bi, but never reached Sangli, nor did they return to Indore as they were supposed to on November 25. He said that he got to know from news that Sohrabuddin has been killed in an encounter on November 26, 2005. He said when asked, that Tulsiram was not with them, as Sohrabuddin had told him only two seat numbers. By saying that Tulsiram was not with the couple, he weakened the Tulsiram Prajapati fake encounter case as the reason that Tulsiram was killed, a year later, as per the prosecution case, was his being an eye-witness to the abduction of  Sohrabuddin and Kauser Bi.

He told court, “Kauser bi toh zinda murda kaise bhi nahi mili..Dr. Amin ne injection laga ke maar daala,” (We did not get Kauser Bi dead or alive..Dr. Amin gave an injection and killed her) The HC recently upheld the discharge of accused N.K. Amin. This evidence was however not recorded by special judge SJ Sharma.

Nayamuddin said that he was informed soon after Sohrabuddin's death by Sohrabuddin's friend Kalimuddin, in whose car Sohrabuddin and his wife Kauser bi had left Indore, that police in two vehicles – a Qualis and a Tata Sumo had abducted the couple from a dhaba near Zaheerabad where the bus in which they were travelling from Hyderabad to Sangli had halted.

The defence objected to this evidence being recorded as Kalimuddin is not a witness in the case and he had heard this from the driver and conductor of the private bus, both of whom have not supported the prosecution case.

When asked whether he knows the reason why Sohrabuddin was killed, his brother said he was not aware.

Nayamuddin says he wants to speak to media, judge disapproves
When Sohrabuddin's brother Rubabuddin's advocate informed the court that Nayamuddin would like to address the media, special CBI judge SJ Sharma told him it's better he does not say anything more than what he has testified in court. To this Nayamuddin pointed out to the judge, that he had not recorded some parts which he had earlier stated. Judge Sharma said he is not bound to record everything that he says.

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