A CBI special judge dismissed the application seeking arraignment of BJP general secretary Amit Shah and former Director General of Police KR Kaushik in the Ishrat Jahan fake encounter case on Thursday. In this case the CBI had told the court, while giving clean chit to Shah, that it doesn’t have sufficient evidence.
While rejecting the application, CBI sessions judge Gita Gopi observed that the supplementary chargesheet filed in this case is pending before a magisterial court. Unless the chargesheet comes before her the case can’t be taken as a whole. Besides, the statements of witnesses can’t be taken as evidence at this stage, it will be taken into consideration during the trial. The court also observed that a petition is pending before the Supreme Court wherein statements taken by CBI have been challenged and the matter is subjudice. Therefore, those statements can’t be relied upon as evidence at this juncture.
Thus, the CBI court rejected the application filed by Gopinath Pillai, father Pranesh alias Javed Sheikh who was killed in the alleged fake encounter along with 19 years old Ishrat Jahan, Zeeshan Johar, Amjadali Rana in the outskirts of Ahmedabad in 2004. The Gujarat police had claimed that they had come to kill Gujarat Chief Minister Narendra Modi to avenge 2002 post Godhra riots.
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The applicant Pillai had alleged that call records data (CDR) obatained by CBI and statements of witnesses point towards involvement of Shah in the encounter.