Ishrat Jahan case: Gujarat High Court raps CBI over delay in filing chargesheet

By Dilip -
The Gujarat High Court today rapped the CBI for delay in filing its chargesheet in the Ishrat Jahan alleged fake encounter case, asking it to ascertain the genuineness of the encounter instead of focusing on IB inputs and trying to figure out whether those killed were terrorists or not. "Prime facie, we find that instead of investigating the genuineness of the encounter, the CBI has focused more on the genuineness of the inputs provided by the IB," a division bench of Justices Jayant Patel and Abhilasha Kumari observed. "It seems that in past one month you were more interested in figuring out whether the killed persons were terrorists or not but the court is not concerned whether they were terrorists or normal human beings. In any case they should not have been liquidated," the court observed. "You have been assigned responsibility to ascertain whether they were killed in a genuine encounter or a fake one and whether they were in prior custody of Gujarat police or not," the court said.

Court asked CBI to explain why it failed to file the chargesheet within 90 days of the arrest of accused, to which CBI responded that it is very large case of conspiracy and investigation has led us from one point to another which has caused the delay. The delay in filing the chargesheet has resulted in five accused police officers including IPS G L Singhal securing bail. The CBI told the court that it will file the chargesheet in the case by first week of July.
But that could not satisfy the court which said that they have doubts that the probe agency would file the chargesheet even by second week of July.

The CBI, on the instruction of the High Court, had taken over the probe of the alleged fake encounter in which 19-year-old Ishrat, Javed Sheikh alias Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar were killed on the outskirts of the city on June 15, 2004 allegedly by a Crime Branch team led by DIG D G Vanzara.

The court also came down heavily on the state government for trying to put the CD on record (of alleged conservations between those killed in the encounter and their Pakistani handlers) and told them to submit the evidence before CBI. On behalf of Gujarat Government, Additional Advocate (AAG) General Tushar Mehta, while requesting the court to take the CD on record, claimed that it was a 'clinching' evidence showing the persons who were killed were terrorists and that the encounter was genuine.

"This CD, duly endorsed by the highest officer of IB, contains clinching evidence which shows that those who were killed were terrorists and they were killed in genuine encounter," Mehta claimed. However, the bench flatly refused to take the request from the state government and observed that, "this is not the right stage and right court to produce any kind of evidence in this case. If you consider it as important piece of evidence submit it to CBI or you can later produce it before the trial court. We are not entertaining it."

Meanwhile, taking note of some media reports that CBI director has decided to discontinue the services of Gujarat IPS officer Satish Verma who is assisting it in the case investigation on court orders, the bench asked CBI to clarify whether they need further services of Verma or not. On this, CBI lawyer Ejaz Khan made it clear that agency needs the services of Verma till the investigation concludes. After getting instructions from CBI he re-submitted that, "at least till the filing of charge sheet we will need his full time services and then his services may be availed whenever its needed."

This was supported by counsels representing Ishrat's mother Shamima Kausar and Javed's father Gopinath Pillai. They urged the court to continue Verma's services on the grounds that investigation was at a crucial stage and Verma should be permitted to perform the responsibility he has been assigned to. Next hearing of the case is scheduled on June 18.

Ishrat Jahan case: CBI says it has evidence against IB officer
CBI director Ranjit Sinha Thursday claimed the agency has sufficient evidence against Intelligence Bureau special director Rajendra Kumar for his alleged involvement in the 2004 fake encounter of Ishrat Jahan and four others. As reported by The Indian Express Thursday, the move by the CBI to name Kumar as an "accused" in the case has sparked a row with IB director S A Ibrahim even complaining to the PMO. On Thursday, home secretary R K Singh called the CBI director and IB director to discuss the controversy and defuse the situation. The agency said it will question Kumar on Tuesday and may not arrest him. "We have evidence against Kumar and the agency's proceedings are as per the law," Sinha said after the meeting. According to the CBI, Kumar, who was then a joint director in the IB, colluded with the then Gujarat DGP K R Kaushik and then joint commissioner P P Pandey to generate the IB input that led to the encounter and was also involved in planning it. The BJP said the CBI-IB dispute would hurt national security. "It has gone this far because Congress tried to misuse the IB for short-term political gains," BJP spokesperson Nirmala Sitharaman said.

Ishrat case: HC tells Gujarat govt 'no licence to kill'
In a major embarrassment to the Modi government, the Gujarat high court on Friday told its counsel that no one has the right to kill people in fake gunfights even if they were terrorists, while pulling up the CBI for not filing chargesheet in time in the Ishrat Jahan encounter case.A bench of justice Jayant Patel and justice Abhilasha Kumari said the delay in filing the chargesheet led to default bail of several policemen who had been arrested as accused in the case. The investigation agency was also rapped for spending most of its time "on checking the veracity of Intelligence Bureau inputs than focusing on investigation into the encounter". "What is it that has derailed the investigation? Why chargesheet was not filed on time? Do you have a soft approach toward some of the accused and strict approach toward others?" the court said.

Addressing the government counsel, additional advocate general Tushar Mehta, justice Patel said, "What is the role of the state? To defend the officers who killed four people even if they were terrorists or hardcore criminals. Nobody has the licence to kill people in fake encounters even if they are terrorists." "Why the state continues to oppose the CBI probe in the case? Why cooperation to the agency is not extended by the state authorities?" the court asked.

The court declined to allow Mehta to file an affidavit regarding a purported taped conversation between a Pakistan-based terrorist and one of the four persons killed by the Gunarat police in the encounter. "Whatever material you have, hand it over to the CBI which is investigating the case," the court directed Mehta. The CBI submitted that it wanted Gujarat cadre IPS officer Satish Verma to continue assisting in the probe till the chargesheet is filed in the case. The court will decide on the CBI plea on Tuesday.

On high court instructions, the CBI had taken over the probe of the killing of 19-year-old Ishrat, a college student from Mumbai, Javed Sheikh alias Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar on the outskirts of the city on June 15, 2004 allegedly in a staged gunfight by a police team led by deputy inspector general of police DG Vanzara.
http://www.hindustantimes.com/India-news/Gujarat/Ishrat-case-HC-tells-Gujarat-govt-no-licence-to-kill/Article1-1076348.aspx

See also
Ishrat Jehan's mother appeals for justice // CBI Probe Nails IB Officer’s Role // Important interview with Shamima Kauser's lawyer Vrinda Grover





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