New Delhi: Even as the Gujarat Government arrested three IPS officers for their alleged role in the fake encounter in November 2005, Additional Solicitor-General Gopal Subramaniam filed a report in the Supreme Court seeking a CBI probe into the episode. The case comes up for hearing on Friday.

Those arrested were D.G. Vanzara, Deputy Inspector-General (Border Range), Gujarat; Rajkumar Pandyan, Superintendent of Police, Intelligence Bureau, Gujarat; and M.N. Dinesh Kumar, SP, Alwar, Rajasthan.

The arrests were made in connection with the death of Sohrabuddin Sheikh, allegedly killed in a gunbattle on November 26, 2005 during a joint operation by Gujarat's Anti-Terrorist Squad (ATS) and the Rajasthan police. Sohrabuddin's wife Kausar Bano has been missing since his death. On March 23 the Gujarat Government informed the court that the encounter was fake. The admission came in response to a petition filed by Sohrabuddin's brother Rubabuddin.

While admitting that it was a fake encounter, Gujarat wanted to file an action taken report and the court granted it three weeks time. It also asked Mr. Subramaniam to enquire into the matter.

In his report on Thursday, he said he wrote several letters to the State Government to find out the status of the investigations. By a December 7, 2006 letter, Geeta Johri, Inspector-General, Crime-I, CID C & R, gave an account of the enquiries available on record. However, subsequent reports — third and fourth interim reports dated December 15/16, 2006 and January 22, 2007 — were not made available. "Since these have not been available, an adverse inference needs to be drawn about non-disclosure of the said reports." Mr. Subramaniam said.

"Prima facie, Sohrabuddin and Kausar were travelling in a bus going from Hyderabad to Sangli. It is alleged that a team of the ATS, Gujarat, and the STF, Rajasthan, intercepted the bus. It is alleged that they detained Sohrabuddin and Kausar, and Sohrabuddin was killed in a fake encounter on November 26, 2005 and the whereabouts of Kausar are not known. It is also alleged that Tulsi Ram Prajapati, who is stated to be an associate of Sohrabuddin and material witness in the investigations into the killing of Sohrabuddin, has also been killed in an encounter."

Mr. Subramaniam said a report given by the Intelligence Bureau Director would be submitted in a sealed cover for court perusal. "This matter needs to be thoroughly probed. Hence an investigation by a special investigating team of the CBI should be directed to undertake this task which could give periodical reports to this court."

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