http://tehelka.com/amit-shah-rajendra-kumar-ordered-ishrat-jahan-encounter/#.UcMkejqMBCc.gmail


   [Exposé] Ishrat Jahan encounter: CBI probe nails IB officer’s
role<http://tehelka.com/amit-shah-rajendra-kumar-ordered-ishrat-jahan-encounter/#>
*Shocking testimonies and a sting implicate IB Special Director Rajendra
Kumar and Modi’s top guns. Rana Ayyub scoops the file*
 [image: Rana Ayyub]
 Rana Ayyub <http://tehelka.com/author/rana>
2013-06-29 , Issue 26 Volume 10
   [image: In cold blood In 2011, the SIT told the court that Ishrat was
killed in a fake encounter]

*In cold blood* *In 2011, the SIT told the court*
*that Ishrat was killed in a fake
encounter<http://tehelka.com/tag/fake-encounter/>
*
* Photo:* Trupti Patel

The Central Bureau of Investigation
(CBI)<http://tehelka.com/tag/central-bureau-of-investigation-cbi/>is
set to drop a bombshell in a case of extrajudicial killing of four
alleged terrorists by the Gujarat Police nine years ago. TEHELKA has learnt
that the CBI will testify before a trial judge in Ahmedabad that one of the
accused officers has, in a sworn testimony, identified Rajendra
Kumar<http://tehelka.com/tag/rajendra-kumar/>,
now a Special Director with the Intelligence Bureau (IB), as a mastermind
of the encounter killing of a woman and three men, all Muslims, on 15 June
2004. The agency, on the directions of the Gujarat High Court, is expected
to file its chargesheet before the trial court on 4 July.

Explosively, a testimony by another officer claims that Kumar met the
19-year-old woman, Ishrat Jahan <http://tehelka.com/tag/ishrat-jahan/>,
while she was in illegal police custody before being killed. Another
testimony by a cop claims that an AK-47 assault rifle, which the police
said belonged to those killed, had actually been sourced from the Gujarat
unit of the IB, to which Kumar belonged then, and planted on the four dead
bodies.

The allegations, if found true, would not only fix Kumar’s lead role in the
murder of the four people. It would also unequivocally demolish the state
government’s long-held claim that the four were terrorists on their way to
assassinate Gujarat Chief Minister Narendra Modi and were killed by the
police on the outskirts of Ahmedabad in a predawn exchange of gunfire. The
testimonies are especially stunning as this is the first occasion in
India’s history that the IB, an opaque Central agency that functions
virtually with no public oversight, has been dragged into the middle of a
sordid crime.
[image: Rana]

It is the CBI’s case that Kumar knowingly provided false intelligence to
the state police, claiming Jahan and the three men with her were
terrorists. On 18 June, the CBI questioned Kumar at length in Gandhinagar,
the state capital. An intra- agency war has broken out with IB Director
Asif IBrahim accusing the CBI of targeting Kumar. But the evidentiary
material with the CBI could make it difficult for the IB to continue
backing Kumar.

Shockingly, one of the testimonies with the CBI also implicates Amit Shah —
a Modi confidant who was Gujarat’s junior home minister at that time — as
the one who ordered the cold-blooded killings. The CBI’s upcoming
submission in the court on 4 July is bound to kick up a massive political
storm as Modi has been tasked to lead his Bharatiya Janata Party (BJP) in
next year’s General Election, making him a contender for the job of the
prime minister. Shah has been put in charge of the party in Uttar Pradesh,
India’s politically most influential state that the BJP must win to rule
New Delhi.

TEHELKA has exclusive information that the CBI  also possesses a secret
audio recording made by a key accused, GL
Singhal<http://tehelka.com/tag/gl-singhal/>,
who was one of the police officers who shot the four that fateful night.
That recording of November 2011 is a conversation among Gujarat’s then
junior home minister, Praful Patel, who had succeeded Shah in the job a
year earlier; Additional Principal Secretary Girish Chandra Murmu, an IAS
 officer who has served in Modi’s office since 2008 and considered to be
one of his closest advisers; the state government’s most senior law
officer, Advocate General Kamal Trivedi; his deputy, Additional Advocate
General Tushar Mehta; an unnamed lawyer; and Singhal. (Patel, not to be
confused with a namesake who is a Union minister, lost in the Assembly
elections in December and did not find a place in Modi’s new cabinet.)

In the conversation the participants allegedly discuss ways to cover-up the
crime by sabotaging a probe by a Special Investigative Team (SIT) of police
officers appointed by the Gujarat High Court in 2009. The conversation
shows the participants aimed to prevent the SIT from fingering the officers
for the shootout. On 21 November 2011, the morning after the conversation,
the SIT told the high court that there had been no shootout and Jahan and
her companions had been killed in cold blood. The CBI will submit the audio
recording, which has already been sent for a forensic examination, to the
judge on 4 July.

According to a CBI officer who spoke to TEHELKA, Singhal has admitted he
recorded the conversation as he feared he might be arrested and wanted to
save the proof of the wider conspiracy. Indeed, Singhal is emerging as a
crucial talking head in the case — as the one who has identified both Kumar
and Shah as the masterminds. TEHELKA is aware of the identity of the other
police officers who have given sworn testimonies to the CBI implicating IB
officer Kumar and the others. However, we are withholding the names in
order to protect their identities before 4 July, when the CBI would submit
their signed testimonies to the court.

Additionally, a curious occurrence has come to light. Two days before the
encounter, someone made two separate phone calls from a public telephone
booth an hour apart from each other. One of them was made to the Ahmedabad
office of the IB’s state wing. And the other was made to the mobile phone
of Javed Gulam Shaikh (formerly a Hindu named Pranesh Pillai), who is the
central figure among the four alleged terrorists and who was bringing them
to Gujarat in his car. Who was making those phone calls and who did the
caller speak with at the IB office? What did he speak of with Shaikh? The
answers to these questions would further implicate Kumar, according to the
CBI officer.

An Indian Police Services (IPS) officer since 1979, Kumar has been tying
himself in knots since the CBI zeroed in on him. He reportedly told the CBI
this week that he could not remember details of the events leading up to
the shootout. In any case, he told the CBI, he merely provided the
intelligence input and did not ask the police to kill Jahan, Shaikh and the
two others. But CBI officers have sourced videos that news channels shot at
the scene of the encounter where Kumar is prominent among the swarming
police officers. CBI officials say Kumar, an intelligence officer, had no
business being there.

In fact, two other testimonies the CBI has recorded afresh, directly
implicate Kumar in another case: the extrajudicial killing of a Muslim
youth, Sadiq Jamal, in January 2003. An officer with the Manipur- Tripura
cadre stationed by the IB in Gujarat as joint director during 2000-05,
Kumar had provided an intelligence input that said Pakistani terror outfit
Lashkar-e-Toiba (LeT) had tasked the 23-year-old Jamal to assassinate Modi.
(A year later, Kumar forwarded an identical input that LeT had despatched
Jahan, Shaikh and the two other men, Amjad Ali Rana and Zeeshan Johar, both
allegedly Pakistanis.)

The CBI is probing Jamal’s killing, too. Police had arrested him in 2002
for gambling and presented him before a judge in Bhavnagar, 175 km south of
Ahmedabad, 10 days before Kumar sent out the intelligence input about Jamal
being a terrorist on the prowl. He followed it up with a second missive to
the state’s then Director General of Police K Chakravarty, giving out the
various locations in Bhavnagar where Jamal could be found.
[image: Subterfuge GL Singhal’s (circled) tape of the cover-up talk
implicates many others in the case]

*Subterfuge* *GL Singhal’s (circled) tape of the cover-up talk implicates
many others in the case*
*Photo:* Mayur Bhatt

One of the new testimonies with the CBI is by an intelligence officer named
Ambady Gopinathan who was serving with the IB’s state wing in Maharashtra
when the intelligence input about Jamal cropped up first in October 2002.
He says a colleague of his in Mumbai submitted a “source report” that
Jamal, “a dreaded terrorist had arrived from Dubai to kill certain right
wing leaders”. It further said Jamal was in Ahmedabad and was “busy
surveying the targets for his nefarious designs”. Gopinathan, who
subsequently retired as assistant director with the IB’s Maharashtra unit,
forwarded the report to two other state IB officers who in turn forwarded
it to the IB in New Delhi.

Gopinathan’s testimony blows to smithereens the story that Jamal was a
terrorist who the Ahmedabad crime branch killed in an encounter. He says
that on 19 December 2002 Jamal was arrested from a hotel in Andheri East, a
Mumbai suburb. “For about a week different SIB (State Intelligence Bureau)
officers used to… interrogate Sadiq,” Gopinathan says. “We came to the
conclusion that there was no substance to the input that Sadiq had any
intention to cause harm to any VVIPs. The interrogation report containing
the details and conclusion was sent to the central intelligence unit of the
IB.” On 3 January 2003, Jamal’s custody was handed over to the crime branch
in Gujarat. Ten days later, “I came to know from the media that Sadiq was
killed in a police encounter”.

Surprisingly, even after being given a report of Sadiq’s innocence, Kumar
claimed he was an absconder, in a third input generated soon after.

A CBI source told TEHELKA that two intelligence officers from Mumbai are
also on its radar. One of them, Gururaj Savadatti, is a “suspect” as he was
the one who had submitted the original “source report” about Jamal being a
terrorist. The other officer is Sudhir Kumar, who was then IB central
director, western zone, and who Gopinathan had sent the source report. The
CBI believes the two Kumars, Rajendra and Sudhir, conspired to label Jamal
a terrorist, which led to his encounter killing in Gujarat.

The other fresh testimony with the CBI is by a senior IPS officer in
Gujarat, Anupam Singh Gehlot, a deputy inspector general in charge of
coastal intelligence posted at the state police headquarters in
Gandhinagar. Gehlot had been a deputy superintendent of police during
2002-04 at Bhavnagar. Jamal was a resident of Bhavnagar and the
intelligence about him was sent to the city police for verification. Gehlot
has now told the CBI that J Mahapatra, an IPS officer who was then director
general of police in charge of statewide police intelligence, telephoned
him and told him to expect a call from Rajendra Kumar. When Kumar called,
he sent Gehlot on a wild goose chase by telling him to go look for a man
named Ayyub Islam in the city.

“Later I got another phone call(s) from Rajendra Kumar and Mahapatra giving
me name of a person called Sadiq Jamal who lived in Bhavnagar, a trained
LeT militant (who) was out to kill BJP leader Narendra Modi,” Gehlot says.
“I could make out that Kumar was keen on detailing Sadiq Jamal irrespective
whereas Mr Mahapatra was keen on me verifying facts.” On 30 November 2002,
Gehlot’s men went to Jamal’s house and found only his mother. The local
police station told them they had booked Jamal for gambling. “We found no
evidence against him and this was reported to the central intelligence
unit. It was election time and I was busy with election supervision. On 15
January 2003 I received a phone call from the Ahmedabad crime branch asking
me to inform the family of his (Jamal’s) death and to collect the dead
body.”

The CBI says Mahapatra has been questioned and he is cooperating. Expect
fireworks on 4 July.

[email protected]
  *

(Published in Tehelka Magazine, Volume 10 Issue 26, Dated 29 June 2013)
*
  *Rana Ayyub*






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