Ahmedabad, Mar 20: The Gujarat government has refused sanction to prosecute three accused police officials including IPS officer G L Singhal in the 2004 Ishrat Jahan fake encounter case, the CBI told a court here on Saturday.
The Central Bureau of Investigation had sought permission from the state government to prosecute Singhal, Tarun Barot and Anaju Chaudhary on the direction of special judge V R Raval.
Under section 197 of the Code of Criminal Procedure, sanction is required for prosecuting government servants for anything done in the discharge of official duty.
"The Gujarat government has declined sanction for the prosecution of the three accused. We submitted the letter to the court today," said R C Kodekar, special prosecutor.
Inspector General of Police Singhal, retired police officers Barot and J G Parmar, and Chaudhary have filed applications before the court seeking "dropping of proceedings for want of requisite sanction".
Parmar died during the course of hearing.
In its order in October 2020, the court had observed that the police officers had "acted in their official duties," so the CBI was required to obtain prosecution sanction.
In 2019, the CBI court had dropped proceedings against former police officers D G Vanzara and N K Amin in the case after the state government similarly refused sanction.
In 2018, former in-charge Director General of Police P P Pandey was discharged from the case.
The CBI had named seven police officers -- Pandey, Vanzara, Amin, Singhal, Barot, Parmar and Chaudhary -- as accused in its first charge sheet filed in 2013.
Ishrat Jahan, a 19-year-old woman from Mumbra near Mumbai, was killed alongwith Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar by Gujarat police in an `encounter' near Ahmedabad on June 15, 2004.
The police claimed the four were terrorists who were planning to assassinate then Gujarat Chief Minister Narendra Modi.
However, a High Court-appointed Special Investigation Team concluded that the encounter was fake, after which the CBI registered a case against police officials.
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.
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
