Ishrat Jahan case: Court reserves order on IB officers' plea
Ahmedabad: A special CBI court here is likely to pronounce its order on January 23 on a plea by two Intelligence Bureau officials challenging the summons issued to them by a magistrate in the Ishrat Jahan alleged fake encounter case.
Rajeev Wankhede and T S Mittal, assistant central intelligence officers at the time of the alleged fake encounter, have challenged the summons issued by a metropolitan magistrate's court here.
CBI judge J K Pandya reserved his order on their pleas till January 23.
The lower court issued the summons to them and two others -- Central IB's special director Rajinder Kumar and officer M S Sinha -- on the basis of a supplementary charge sheet filed against them by the CBI in the Ishrat case.
The CBI has charged them with murder, criminal conspiracy, illegal detention and kidnapping.
The lawyers of Wankhede and Mittal argued today that the summons was not maintainable, as the court has not taken cognisance of the CBI charge sheet.
No summons can be issued as the Union government has not given sanction for their prosecution as required under the Code of Criminal Procedure, the lawyers said.
The CBI, however, contended that a court can use its discretion to issue a summons even when the competent authority hasn't given sanction.
The magistrate last month issued summons to the four IB officials after the CBI informed the court about denial of sanction by the Union government.
Ishrat Jahan, a 19-year-old college girl from Mumbra near Mumbai, her friend Javed Sheikh alias Pranesh, Amzad Ali Rana and Zeeshan Johar were killed in an alleged fake encounter by the Ahmedabad police on the outskirts of the city in June 2004. The police had then claimed that they were terrorists affiliated to the Pakistan-based Lashkar-e-Taiba.
The first charge sheet filed by the CBI named seven Gujarat policemen, including IPS officers P P Pandey, D G Vanzara and G L Singhal, for carrying out a fake encounter.
All of them are out on bail.
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Ballari violence: Were cops made scapegoats to cover political failure?
Bengaluru: Across Karnataka, a serious discussion has begun after the violence in Ballari and the swift action taken against police officers who were on the ground that day. The core question being asked is simple: when law and order fails, why are police officers the first to be shown the door, while political responsibility is quietly pushed aside?
The January 1 clash in Ballari was not a sudden street fight. It was a political confrontation involving supporters of two sitting MLAs. A banner related to the unveiling of a Valmiki statue became the flashpoint. What followed was stone-pelting, firing, and the death of a Congress worker. The situation spiralled within hours.
Within a day, Ballari SP Pavan Nejjur was suspended. Soon after, senior officers were reshuffled. Deputy Inspector General of Police Vartika Katiyar was transferred. No official reason was cited in the notification. But the timing made one thing clear: accountability, at least on paper, had been fixed.
Since then, there has been unease within police circles and political debate outside it.
Unconfirmed reports that Nejjur attempted suicide after his suspension were firmly denied by senior officers and the home minister. They said he was safe, resting, and under stress. Still, the very fact that such reports gained traction says something about the pressure officers feel when action is taken overnight, without public clarity.
Opposition leaders have called Nejjur a scapegoat, pointing out that he had taken charge only hours before the violence. They have asked how an officer can be blamed for a political clash he barely had time to assess. They have also drawn parallels with earlier incidents where police leadership was suspended after tragedies, while political decision-making remained untouched.
However, responding to this criticism, Home Minister G Parameshwara rejected the argument that the suspension was unfair because Nejjur had assumed charge only hours earlier. “It is not important whether he reported to duty on the same day (of incident) or one hour back. Duty is duty. He is not new to the department. IPS officers are trained to handle such situations any time. If he had acted swiftly and promptly, he could have prevented the situation from escalating.” He had said adding that Nejjur did not discharge his duties properly and that this was the reason for his suspension.
Now, fresh and unconfirmed reports suggest that Vartika Katiyar may have met a senior cabinet minister, questioning why she was made to pay the price for a situation that was political in nature. There is no official confirmation of this meeting. But the talk itself has added fuel to the debate.
What is being discussed in the state is not whether the police made mistakes. Many acknowledge that the situation on January 1 was mishandled. A clash earlier in the day was allowed to cool down without strong preventive action. Later, a banner came up near a politically sensitive location. The crowd should not have been allowed to build up. Better anticipation was needed.
At the same time, critics are asking whether the entire burden can be placed on officers when the trigger itself was political rivalry. Who installed the banner? Who mobilised supporters? Who had armed private gunmen present at the spot? These are questions that are still part of the investigation, yet administrative punishment moved faster than political accountability.
This has led to a wider comparison with past incidents, including the Bengaluru stampede after the RCB victory celebrations. There too, police officers were suspended after lives were lost, while decisions taken at higher levels were defended as unavoidable. Many are now saying Ballari fits into the same pattern.
The argument being made is not that the police are blameless. The argument is that responsibility appears to stop at the uniform. When things go wrong, officers are transferred or suspended to send a message. But when the violence is rooted in political rivalry, that message feels incomplete.
Within police ranks, there is also quiet concern about working conditions. Officers say they are expected to manage volatile political situations overnight, often with little room to push back against powerful interests. When things hold, they are invisible. When they collapse, they stand alone.
The Ballari episode has once again exposed this fault line.
For the government, the challenge is larger than one suspension or transfer. The real test is whether it is willing to publicly acknowledge political failures when law and order breaks down, instead of letting the system suggest that the police alone dropped the ball.
For now, what remains is a growing feeling across Karnataka that accountability is selective. And that whenever politics turns violent, the easiest answer is to change the officers, not the decisions that led to the violence in the first place.
