A CBI court in Ahmedabad on Wednesday dropped proceedings against retired police officials DG Vanzara and NK Amin in the Ishrat Jahan fake encounter case. The court had concluded its hearing on April 16, after the two officers applied for the proceedings to be dropped after the Gujarat government declined the sanction to prosecute the two.
Earlier, CBI lawyer RC Kodekar informed special CBI Judge JK Pandya the Gujarat government had denied sanction to prosecute its retired officers under CrPC Section 197 (Prosecution of Judges and public servants).
“The court’s order goes on to establish that the encounter was genuine,” Vanzara’s counsel reportedly said.
According to the Indian Express, the court order stated, "Discharge applications of DG Vanzara and NK Amin are hereby allowed and they're discharged from offences punishable under IPC section 120B read with sections 341, 342, 343, 365, 368, 302 and 201, and sections 25(1)(e) and 27 of Indian Arms Act. Bail bond stands canceled and security bonds, if any deposited by the applicants accused are ordered to be refunded to them.”
IPC Section 120B is punishment of criminal conspiracy, Section 341 refers to punishment for wrongful restraint, Section 342 is Punishment for wrongful confinement, Section 343 is wrongful confinement for three or more days, Section 365 is kidnapping or abducting with intent secretly and wrongfully to confine person, Section 368 is wrongfully concealing or keeping in confinement, kidnapped or abducted person, Section 302 refers to punishment for murder and Section 201 is causing disappearance of evidence of offence, or giving false information to screen offender.
The counsel for the two former police officials maintained that they were framed in the case by the CBI despite the fact they were not even present at the spot on Ahmedabad outskirts. In the past, the court has rejected their applications for the same.
An application was filed in the Special CBI Court on March 26 challenging the Gujarat government's refusal to sanction prosecution by Shamima Kausar, Ishrat Jahan's mother, who also asked the court to share with her the copy of the Gujarat government's letter.
The state government's letter claimed the encounter, carried out by the cops, was genuine and 'in the line of duty'.
Vanjara, a former Deputy Inspector General (DIG) of Gujarat Police, and Amin, a retired Superintendent of Police (SP), are two of the seven accused chargesheeted by the CBI in the case.
Ishrat Jahan, a 19-year-old girl from Mumbra near Mumbai, was killed along with Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar by the Gujarat Police on the outskirts of Ahmedabad on June 15, 2004.
The police claimed the killed persons had links with terrorists and were plotting to kill then Gujarat Chief Minister Narendra Modi.
Following a Gujarat High Court order, the CBI probed the encounter and said it was "staged".
With IANS inputs