http://www.thehindu.com/news/national/cbi-charges-four-ib-officers-in-ishrat-jahan-case/article5660619.ece

February 7, 2014 01:16 IST
CBI charges four IB officers in Ishrat Jahan case

   DEVESH K. PANDEY


   DARSHAN DESAI


   - [image: A photo of Ishrat Jahan, reproduced from a family album. The
   CBI on Thursday lodged a second charge sheet in the Ishrat Jahan fake
   encounter case.]
   The HinduA photo of Ishrat Jahan, reproduced from a family album. The
   CBI on Thursday lodged a second charge sheet in the Ishrat Jahan fake
   encounter case.


Murder case against Rajendra Kumar in Ishrat Jahan killing

In the first-ever prosecution of its kind for an extra-judicial execution,
former Gujarat chief of the Intelligence Bureau Rajendra Kumar has been
charged by the CBI with the murder of Mumbra college girl Ishrat Jahan Raza
in 2004.

The charge sheet also accuses three serving IB officers of conspiracy. The
charge sheet focusses on conspiracy behind the alleged murder of the
19-year-old student and three others in a staged encounter with a Crime
Branch team nearly 10 years ago, the agency has mentioned that it is yet to
get the Union Law Ministry's opinion on whether sanction is required from
the competent authority to prosecute the officials.

But the CBI in its charge sheet says the Department of Personnel and
Training has said it does not require any sanction to prosecute them.
Former Gujarat Home Minister Amit Shah, who was earlier examined by the
agency in connection with the alleged fake encounter cases during his
tenure, has not been named as an accused.

While Mr. Kumar has been charged with crimes under Sections 120-B (criminal
conspiracy) and 302 (murder) besides other provisions of the Indian Penal
Code, the three serving IB officials, P. Mittal, M.K. Sinha and Rajiv
Wankhede, are accused of conspiracy, kidnapping, illegal confinement, and
under the Arms Act.

"It was alleged that the accused officials of the Gujarat Police and
certain other persons were instrumental in securing illegal custody of the
four persons who were subsequently abducted and later killed in a fake
encounter. The persons killed were kept in illegal custody separately
before the alleged fake encounter. The accused police officials with the
help of officers of other agency allegedly obtained weapons for the
purported encounter," said a CBI official.

Another former Gujarat Police officer, K. G. Parmar, has been charged under
Section 193 (giving false evidence) of IPC.

The 200-page charge sheet mentions no motive for the involvement of the
officers in the encounter. The antecedents of those killed have also not
been mentioned.

Ishrat Jahan was killed on June 15, 2004, along with three others on the
outskirts of Ahmedabad by a police team which claimed that it had been
tipped off by the IB that the four were terrorists who planned to
assassinate Gujarat Chief Minister Narendra Modi, now the BJP's Prime
Ministerial candidate for the 2014 Lok Sabha election.

In its first charge sheet filed last July, the CBI had accused seven
policemen of murdering Ishrat and three others "in cold blood" and of
planting an AK-56 assault rifle at the scene

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