Ishrat Jahan Encounter: CBI writes to Gujarat govt seeking permission to prosecute IGP Singhal, others

The Central Bureau of Investigation (CBI) has moved an application to Gujarat government seeking permission to prosecute Inspector General of Police G L Singhal, retired Deputy Superintendent of Police Tarun Barot and an Assistant Sub-Inspector Anaju Chaudhary in Ishrat Jahan encounter case.

The development comes after a special CBI court asked the central probe agency whether it wanted to seek the permission or not. The CBI chose, despite its repeated stand in the past that there was no need for sanction since the accused policemen are involved in conspiracy and murder, to approach the state government for sanction.

In criminal cases, prior sanction of prosecution under section 197 of code of criminal procedure (CrPC) is required in case of government servants. Special public prosecutor, CBI, RC Kodekar informed the special judge on Saturday during a hearing that the agency has filed the application and is awaiting a response. The next hearing will be held in March.

Earlier, retired IPS officer D G Vanzara and ex Superintendent of Police N K Amin were discharged on similar circumstances. The CBI court had rejected their discharge pleas and asked the CBI to clear its stand whether it wanted to seek permission or not. CBI wrote to the state for permission which was denied based on which the special court discharged the duo in May 2019.

The government had stated that the CBI case was "malicious and vexatious prosecution" and the officers (Vanzara and Amin) needed to be protected in "larger public interest." Before Vanzara and Amin, ex Director General of Police PP Pandey had been discharged on several grounds including the absence of sanction.

Their discharge orders have attained finality since the CBI refused to challenge them in high court. CBI submitted in writing before the special court that it would not challenge any of the discharge orders. The victims' family members have also left the fate of the case in the hands of the court. Ishrat Jahan's mother wrote to the court

Singhal, Barot and Chaudhary are the only accused policemen facing the case. Another accused retired Deputy Superintendent of Police J G Parmar passed away last year.

The CBI claimed in its chargesheet that Ishrat Jahan, her friend Pranesh Pillai alias Javed Shaikh and two alleged Pakistani nationals- Amjadali Rana and Zeeshan Johar were killed by the accused policemen in cold blood. They were branded terrorists who wanted to kill the then chief minister Narendra Modi and other BJP leaders. The CBI probe established that the four were already in custody of the accused policemen.