Ishrat Jahan case: CBI opposes discharge pleas of four Gujarat cops
Ahmedabad, Sep 21: The CBI on Saturday opposed a plea by four Gujarat policemen seeking their discharge in the 2004 case of alleged fake encounter of Ishrat Jahan and three others on grounds of absence of state's sanction to prosecute them.
Gujarat's Inspector General of Police G L Singhal, retired Deputy Superintends of Police Tarun Barot and J G Parmar, and SRP commando Anaju Chaudhary have also sought their discharge on grounds of parity of their cases with those of discharged police officers D G Vanzara and N K Amin in the same case.
In their discharge pleas to the court of Special Judge P K Dave, the four policemen have also asserted that the government has not granted sanction to the CBI to prosecute them (under section 197 of the CrPC).
The Central Bureau of Investigation, however, opposed the four policemen pleas, contending that the sanction for prosecution against the four was not needed under section 197 of the Criminal Procedure Code as the case pertains to serious offences including that of murder.
"The CBI has consistently maintained that there is no requirement of sanction for prosecution under section 197 of the CrPC in the cases where offences relate to criminal conspiracy of abduction, illegal confinement, murder, etc," the CBI said in its application to the court, opposing the four policemen's plea.
Under section 197 of the CrPC, the competent authority is required to grant sanction to prosecute public servants accused of offence alleged to have been committed while acting or purporting to act in the discharge of their official duty.
"It has been a consistent stand of the CBI during the filing of the chargesheet and during the discharge applications of the accused persons that the case does not warrant sanction for prosecution as envisaged under section 197 of the CrPC.
"The court (the special CBI court), however, in its order dated August 7, 2018, said the sanction for prosecution is required against them (Vanzara and Amin). In view of the order of the court, the CBI approached the competent authority the State of Gujarat for sanction for prosecution. The competent authority declined sanction for prosecution against both of them," it said.
The CBI said Singhal, Barot, Parmar and Chaudhary cannot seek the discharge on grounds of parity with cases of Vanzara and Amin because "the role of each accused person is different and evidence available against each accused person is different".
The CBI, which was handed over the investigation of the case by the Gujarat High Court in December 2011, had filed a chargesheet against former in-charge DGP P P Pandey, the then IPS officers Vanzara and Singhal, Amin, Barot, Parmar and Chaudhary on July 3, 2013.
They were charged under various sections of the Indian Penal Code and the Arms Act.
The court had first rejected the discharge applications of Vanzara and Amin, after the CBI contended that their role in the alleged fake encounter was clear and greater than that of accused Pandey, who had been discharged earlier.
The CBI had then cited statements made by the police officials before it.
The court, however, later allowed pleas of Vanzara and Amin after the state government declined sanction to prosecute them.
Ishrat, a 19-year-old woman from Mumbra near Mumbai, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed by Gujarat police in an alleged fake encounter on the outskirts of Ahmedabad on June 15, 2004.
The police had claimed that they had links with terrorists.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Surat LS candidate Nilesh Kumbhani whose nomination form was rejected suspended from Congress
Ahmedabad, Apr 25: The Gujarat Congress on Friday suspended from the party for six years its Surat Lok Sabha candidate Nilesh Kumbhani, whose nomination form was rejected over discrepancies leading to the BJP's Mukesh Dalal getting elected unopposed.
A statement from the Congress said the party's disciplinary committee decided to suspend Kumbhani after thorough discussion, adding it had come to the conclusion that the nomination form was rejected due to gross negligence on his part or "in connivance with the BJP".
"To be fair to you we have given time to you to explain your case but instead of coming before the party disciplinary committee you have gone incommunicado. After your form was rejected by the authorities, BJP went ahead and got form of other eight candidates withdrawn. This has deprived people of Surat their voting rights," the Congress disciplinary committee headed by Balu Patel said.
"People of Surat and party workers have become very angry due to your action and are expressing their anger in different ways. The Congress party has decided to suspend you for six years from the party," the press note said.
Kumbhani's nomination form was rejected on April 21 after his three proposers submitted affidavits to the district returning officer claiming the signatures on the document was not theirs.
The nomination form of Suresh Padsala, the Congress' substitute candidate from Surat, was also invalidated on the same grounds.
In his order, Returning Officer Sourabh Pardhi said the three nomination forms submitted by Kumbhani and Padsala were rejected after prima facie discrepancy was found in the signatures of the proposers and they did not appear to be genuine.
Kumbhani, a former corporator from Surat, had unsuccessfully fought the 2022 Assembly polls from Kamrej there.
The Bharatiya Janata Party's Mukesh Dalal was elected unopposed from Surat Lok Sabha constituency on April 22 after all other nominees, including one from BSP, withdrew from the fray one by one on the last day of withdrawing papers.
