Ishrat encounter case: CBI fails to get MHA’s sanction to prosecute IB officials

“The Home Minister went through all the files pertaining to the case, and even the replies and counter-replies submitted by the CBI. Once he was satisfied, the go-ahead was given to deny sanction for prosecution,” said a senior government official.

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“We denied sanction as there wasn’t sufficient evidence. We cannot go by circumstantial evidence only… We contacted several legal experts before taking a decision,” said the official. The CBI has reportedly not furnished “copies of case records and file notings”, as desired by the MHA.

Meanwhile, a CBI spokesperson said, “We have not received the letter from the Ministry of Home Affairs yet. Once we receive it, we will examine it.”

Kumar and three other IB officials — P Mittal, M K Sinha and Rajeev Wankhede — were charged with criminal conspiracy in the case related to the killing of Ishrat Jahan and three others in Gujarat in 2004.

The CBI had charged Kumar with murder. Kumar, a 1979-batch IPS officer who retired about two years ago, was posted as joint director of IB in Ahmedabad when the encounter took place.

The CBI questioned Kumar twice on his alleged role in the conspiracy.

The CBI submitted its report to the Home Ministry, which is the cadre controlling ministry for IB personnel, two years ago.

Earlier, then IB chief Syed Asif Ibrahim had protested against the move to prosecute officers.