Sadiq Jamal Mehtar 'encounter' case closed after CBI doesn't get nod to file charges against IB officer, 2 cops

Ahmedabad: The Central Bureau of Investigation (CBI) has officially closed the 2003 Sadiq Jamal Mehtar encounter case, concluding that three more people—an IB officer and two Mumbai policemen—were also involved in the alleged crime.

However, the agency has stated that it closed the case after it didn't get the government approval for chargesheet against them.

The closure report, a copy of which is with DH, mentions the names of three officials as the then assistant central intelligence officer (ACIO) of Subsidiary Intelligence Bureau (SIB), Mumbai, Gururaj Savadatti as well as two former Mumbai police officers, including the controversial "encounter specialist" Pradeep Sharma and Feroze Patel.

CBI has found their involvement allegedly in conspiracy, illegal confinement and kidnapping.

The central probe agency stated that it closed the case after the Ministry of Home Affairs, for the IB officer Savadatti, and Maharashtra government for-Sharma and Patel-didn't give sanction to prosecute them.

Under section 197 of code of criminal procedure (CrPC), prior sanction is required in case of government servants as their actions are viewed as discharging their duty.

The CBI, according to the report, sought sanction from the union government while stating, "...the acts and omissions of Gururaj Savadatti, then ACIO, SIB, Mumbai show his involvement in commission of offences punishable u/s (under section) 120b r/w (read with), 341, 342, 344 and 365 of IPC. Since, his alleged act was purported to be done in discharge of his official duty, CBI sought sanction for prosecution u/s 197 of CrPC against him from competent authority i.e Ministry of Home Affairs, Govt of India, New Delhi. However, Ministry of Home Affairs, Govt of India, vide letter dated 23/03/2017, declined to grant sanction for prosecution u/s 197 for prosecution of Gururaj Savadatti, then ACIO, Mumbai. Therefore, he has not been chargesheeted."

Similarly, CBI has stated that the Maharashtra government didn't grant sanction it sought against Sharma and Patel, because of that it didn't file chargesheet against them. On the other hand, Mumbai-based journalist Ketan Tirodkar, who had been arrested in 2012 in this case and was out on bail, was also not chargesheeted for want of "prosecutable evidence", CBI has stated in the report.

"In view of the above facts and circumstances, the report of further investigation u/s 173 (8) of CrPC i.e closure report against Gururaj Savadatti, the then ACIO, SIB, Mumbai, Ketan Tirodkar, private person (journalist), Pradeep Sharma, the then PI, Mumbai police and Feroze Patel, the then PI, Mumbai police is being filed before this court. It is humbly submitted that further investigation report i.e closure report may be taken on record and be accepted in the interest of justice," CBI has stated in the report, signed by Deputy Inspector General of Police, CBI, Mumbai, Saayli Dhurat and Deputy Superintendent of Police, Ketan L Mehta.

The CBI filed the closure report about two years ago on February 14, 2024 before the special CBI court here in Ahmedabad. A copy of this was handed over to Sadiq's brother Shabbir only on Saturday (January 31). The court directed the CBI to hand over the copy to Shabbir and asked him if he wanted to file any objection or accept the report. He sought time which was granted till March 9. When asked about the closure report, Shabbir told DH, "I plan to file a objection application as someone was responsible for the murder of my brother."

19-year-old Sadiq, a resident of Bhavnagar, was killed on the outskirts of Ahmedabad on January 13, 2002 in an encounter by a team of Ahmedabad Crime Branch officials. Citing an IB input, Sadiq was branded as a Lashkar-e-Taiba operative who was planning to kill the then chief minister Narendra Modi, former Vishwa Hindu Parishad leader Pravin Togadia and other saffron leaders to avenge 2002 post Godhra riots.

In December 2012, CBI filed its first chargesheet against the Gujarat policemen for conspiracy, illegal confinement and murder of Sadiq in cold blood.

CBI investigation revealed it was stage-managed encounter and a total of eight policemen were chargesheeted including, retired DySP IA Saiyed, ex DySP Tarun Barot, K M Vaghela, G H Gohil, Chhtrasinh Chudasama, R L Mavani and Ajaypal Yadav. The eighth accused, J G Parmar, was abated after he passed away during pendency. They all stand discharged by the courts largely on the ground that the state government didn't give CBI sanction to prosecute them.

The CBI, on the other hand, didn't challenge any of these orders in the high court. The agency took a similar stand with regards to other cases such as Ishrat Jahan encounter case.

Meanwhile, the closure report, stated that the then ACIO Savadatti, working with special operation group, SIB, Mumbai, generated a fake source report (intelligence input) profiling Sadiq as a terrorist recruited by Pakistan-based gangsters Salim Chiplun and close associate Anis Ibrahim in Dubai.

The input claimed that Sadiq was given a target list of three important people who were under the "target list of ISI and LeT."

CBI has said that Sevadatti allegedly knew Sadiq even when he was working with other D gang members Tariq Parveen and his brother Ahmed Abdul Karim alias Jahid as their domestic help in Mumbai as well as at their Dubai residence. The SIB shared this report with the IB headquarters which shared it further with the Gujarat police. Subsequently, a hunt started to find the whereabouts of Sadiq in Gujarat's Bhavnagar and Ahmedabad.

CBI has alleged that Sevadatti "stage-managed" Sadiq's apprehension by the Mumbai Police’s Crime Intelligence Unit (CIU), in Andheri. The "superior officers of the SIB" knew about the operation which was reported to be a “joint operation by SIB and CIU", CBI has claimed. Days later CIU handed over Sadiq Jamal to a team of Gujarat police days before he was killed in the encounter.

The report also mentions the then Deputy Commissioner (crime), Mumbai, Pradeep Sawant having "received directions of (sic) senior officers", which he conveyed to Pradeep Sharma, then police inspector in-charge of CIU to assist SIB officers in their inquiry. Accordingly, CBI has stated, Sharma and Sawant after consulting "superior officers directed Feroze Patel, police inspector, Teligali Unit, to provide space to SIB officers for enquiry." SIB officials after interrogating Sadiq couldn't substantiate the source input generated against Sadiq as there was "no substance."

"It was revealed during investigation that Tarun Barot, PI along with other staff left from Ahmedabad on 02.01.2003 in an official vehicle no. GJ-1-G 3343 and reached Mumbai on 03.01.2003 for investigation at Ahmedabad and Bhavnagar. The same was conveyed by SIB, Mumbai to IB HQ vide monthly report dated 6.1.2003. Further, Pradeep Sharma, PI also informed Pradeep Sawant, DCP on 03.01.2003 that an officer of Ahmedabad Crime Branch along with IB officer took Sadiq with them for further inquiry," CBI closure report reads.