Editorial

Gag order left unanswered questions in Sohrabuddin case!!!!

The Sohrabuddin Sheikh encounter case is an ongoing criminal case in the Gujarat state of India, after the death of Sohrabuddin Anwarhussain Sheikh on November 26, 2005, while he was in police custody.

Sohrabuddin Sheikh was accused of possessing 40 AK-47 assault rifles that were recovered from his house in Jharania village of Ujjain district in 1995. At the time of his killing, he also had more than 60 pending cases against him. Sheikh was also involved in arms smuggling in Madhya Pradesh and also had murder cases registered against him in Gujarat and Rajasthan. He has planned to create communal chaos in the state by assassinating Narendra Modi Gujarat chief minister that time. Sheikh’s wife Kauser Bi also disappeared on the same day as his killing.

But still there exist a Question that it was a fake encounter. A special CBI court in Mumbai has ordered that the media will not be allowed to report on daily proceedings in the Sohrabuddin Sheikh alleged fake encounter case trial that is being held in Mumbai after it was moved out of Gujarat by the Supreme Court.

The Supreme Court mandated an inquiry in 2007, with the investigation to report directly to the court. In 2010, the SC transferred the case to the CBI. In 2012, after the CBI submitted that witnesses were being threatened and the trial could not be held in a free and fair manner. More recently, controversy broke out over the death in 2014 of the CBI judge hearing the case, B.H. Loya. These are the incidents with no evidence or solved answers left strong public interest to hear the arguments and counter-arguments, and submissions of the defense and the prosecution.

The order says the media will be allowed to sit in court during the proceedings but will not be allowed to publish anything related to it.

Commenting on the gag order, former Attorney General of India Soli Sorabjee said: “I am against any curbs on media reporting unless there are compelling reasons for national security. And I see none of this.”

Senior lawyer and former advocate general of Maharashtra Ravi Kadam said, “This is unusual. What is the point of a public trial? That justice is done and seen to be done. This is not a good enough reason. A judge can give security or control the number of people given access to the court. The media cannot be kept out. The media is not a threat to anybody. This is very wrong”.

“Gag orders generally should never be made by a court…without proper reasons, it is undemocratic. A gag order should never be made on the mere asking. There should be proper pleadings and proofs as to why it is absolutely necessary,” said Colin Gonsalves, senior Supreme Court lawyer and founder director of Human Rights Law Network.

There exist a lot of objections and disappointments going on by credible personalities even though all are in the confusion that what drama is happening ?.

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