Nayabuddin Sheikh, the brother of Sohrabuddin Sheikh, has approached the Supreme Court challenging the Bombay High Court's decision to uphold the acquittal of all 22 accused in the 2005 encounter case, including 21 police officers from Gujarat, Rajasthan, and Andhra Pradesh.

The plea, filed on August 13, challenges the High Court's May 7 judgment dismissing appeals against the acquittals. The case concerns the alleged killings of Sohrabuddin Sheikh, his wife Kausar Bi, and his associate Tulsiram Prajapati.

According to the prosecution, Sheikh and the others were taken into custody by a police team while travelling by bus from Hyderabad to Maharashtra on the night of November 22-23, 2005. Sheikh was subsequently killed in an alleged encounter near Ahmedabad on November 26, while Kausar Bi was allegedly killed three days later. Prajapati, considered a key eyewitness, was killed in a separate alleged encounter on the Gujarat-Rajasthan border on December 27, 2006.

Among the 22 accused acquitted, 21 were junior-level officers from Gujarat and Rajasthan police, who were part of the teams that allegedly abducted the three and later killed them in staged encounters. The remaining one accused was the owner of a farmhouse in Gujarat, where Sheikh and his wife were allegedly illegally detained before they were killed.

The Supreme Court had earlier transferred the investigation from the Gujarat CID to the CBI and shifted the trial from Gujarat to Mumbai. In 2013, the Supreme Court had clubbed the alleged fake encounter case of Prajapati with that of Sheikh.

In December 2018, a special Central Bureau of Investigation court acquitted all persons accused in the matter, holding that the prosecution had failed to prove a conspiracy beyond reasonable doubt. Bharatiya Janata Party leader Amit Shah, who is now the Union home minister, was among those acquitted earlier in the case.

Out of 210 witnesses examined during the trial, 92 were declared hostile. In April 2019, Nayabuddin Sheikh and another brother, Rubabuddin Sheikh, challenged the acquittal before the High Court, alleging that the trial was flawed and that several witness statements had not been recorded accurately.

While upholding the acquittals, the High Court said the prosecution's case was based on circumstantial evidence with "several broken links in the chain of circumstances." The High Court found that the prosecution had failed to show that Sohrabuddin Sheikh and Kausar Bi were abducted by the police or establish a motive for staging an allegedly fake encounter. It also said that the large number of hostile witnesses did not by itself show that the trial had not been properly conducted, and found no evidence of a politician-police nexus behind the alleged encounters.

The High Court dismissed the appeals filed by Rubabuddin and Nayabuddin against the December 2018 judgment of a special CBI court in Mumbai acquitting all the accused.