CBI failure to point out IB males’s motive led to MHA clear chit

AHMEDABAD: Four officials of the got a reprieve in the 2004 encounter case, because the failed to state their motives for the alleged conspiracy to murder four persons.
The four officials – former special director Rajinder Kumar and his three subordinates Rajeev Wankhede, M K Singha and T S Mittal – were accused of hatching a criminal conspiracy along with Gujarat police officers, illegally detaining Jishan Johar, kidnapping and detaining Amjadali Rana and abducting of Ishrat Jahan and Javed Shaikh alias Pranesh Pillai from near Vasad, before the four were killed in an encounter on June 15, 2004.

The ministry of home affairs concluded that no offence made out against the IB officials. With this, it denied CBI permission to prosecute them under section 197 of the CrPC on December 15, 2017. The special magisterial court issued summons to them, but a sessions court quashed them on March 31, ending the proceedings against the IB officials at this stage itself.

After filing a chargesheet against the IB officials in February 2014, CBI sought sanction to prosecute them on the attorney general’s advice. Four years later, the Centre said that the CBI could not specify the motive for their involvement. The CBI could not provide corroborative evidence and it told the Centre there was nothing to say other than what was in the chargesheet.

The said that except the meeting between IB officials and Gujarat police, the CBI had not been able to say anything more, which in itself is not enough to establish conspiracy. “Keeping watch on the activities of suspected terrorists and providing assistance to local police authorities in apprehending suspected terrorist forms part of the duties of the SIB,” the Centre’s report said and added that their official duty was to generate intelligence on terrorist activities. The Centre said that the activities attributed to the IB officials were part of their official duties. Moreover, the officers were not present at the place of the killings.

Meanwhile, a CBI court discharged former DGP P P Pandey from this case and the trial is presently pending against six Gujarat cops.

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