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(d) The claim that the deceased-Tulsiram Prajapati was highly inconvenient witness for respondent Nos. 6-19 is without substance as respondent No. 10 - Mr. V.L. Solanki, an inquiry officer, has stated in respect of alleged killing of Sohrabuddin that during preliminary enquiry there was no link between Tulsiram Prajapati and the death of Sohrabuddin and his wife Kausarbi in an encounter. The same view has been expressed by Ms. Geeta Johri, IGP under whose direct supervision the case relating to Sohrabuddin was investigated. The `third person' allegedly present at the time of abduction of Sohrabuddin and Kausarbi was Kalimuddin and not Tulsiram Prajapati.

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14) Pursuant to the said direction, the CBI investigated the cause of death of Sohrabuddin and his wife Kausarbi. The CBI, in their counter affidavit, has specifically stated that as per their investigation Tulsiram Prajapati was a key witness in the murder of Sohrabuddin and he was the `third person' who accompanied Sohrabuddin from Hyderabad and killing of Tulsiram Prajapati was a part of the same conspiracy. It was further stated that all the records qua Tulsiram Prajapati's case were crucial to unearth the "larger conspiracy" regarding the Sohrabuddin's case which despite being sought were not given by the State of Gujarat.

Analysis as to issue (b):

17) Inasmuch as the present writ petition is having a bearing on the decision of the writ petition filed by Rubabbuddin Sheikh and also the claim of the petitioner, the observations made therein, particularly, strong suspicion about the `third person' accompanied Sohrabuddin, it is but proper to advert factual details, discussion and ultimate conclusion of this Court in Rubabbudin Sheikh's case. Acting on a letter written by 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, on 21.01.2007, forwarded the letter to the Director General of Police, Gujarat for necessary action. It is further seen that after six months, the Director General of Police, Gujarat directed Ms. Geeta Johri, Inspector General of Police (Crime), to inquire about the facts stated in the letter. A case was registered as Enquiry No. 66 of 2006 and from 11.09.2006 to 22.01.2007, four interim reports were submitted by Mr. V.L. Solanki, Police Inspector, working under Ms. Geeta Johri. In Writ Petition No. 6 of 2007, Rubabbuddin Sheikh prayed for direction for investigation by the CBI into the alleged abduction and fake encounter of his brother Sohrabuddin by the Gujarat Police Authorities and also prayed for registration of an offence and investigation by the CBI into the alleged encounter of one Tulsiram Prajapati, a close associate of Sohrabuddin, who was allegedly used to locate and abduct Sohrabuddin and his wife Kasurbi, and was thus a material witness against the police personnel. He also prayed for production of Kausarbi, his sister-in-law. After going through various reports, arguments of the counsel for the writ petitioner and the State of Gujarat as well as Solicitor General for India, who appeared as Amicus Curiae, this Court disposed of the writ petition by entrusting the investigation to the CBI.

Later, it came to the knowledge of the investigating authorities that he had been hiding in a village of Madhya Pradesh. In the Hamid Lala murder case, Sohrabuddin's co-accused were Tulsiram Prajapati, Sylvester and one Azamkhan. It was further pointed out that one Kalimuddin @ Naimuddin another notorious criminal wanted in many serious cases was residing in the State of Andhra Pradesh along with his sister Saleema Begum. They were acting as informers of the Andhra Pradesh Police and they were under their protection. Saleema Begum was residing in Government Railway Quarters. It was Kalimuddin, who seems to have approached by somebody who invited Sohrabuddin and his wife Kausarbi from their hide out in Madhya Pradesh to Hyderabad. This happened in the middle of November, 2005. It was further highlighted that on or about 22.11.2005, Sohrabuddin and his wife Kausarbi left by a luxury bus for Sangli in Maharashtra. Two tickets for the bus journey were purchased by one Sri Hari. The bus was pursued by police vehicle, two of them were in Tata Sumo vehicles belonging to the Andhra Pradesh Police. They were driven by two drivers in the employment of police being ordinary policemen. The Andhra Pradesh police officers who sat in these two vehicles have not been identified despite investigation both by the Gujarat Police as well as later by the CBI. Sohrabuddin was done to death in an encounter with the police in the early morning of 26.11.2005. In the eventual charge-sheet filed by the Gujarat Police on 16.07.2007 against 13 persons it was reported that the encounter was a fake one.