The Home Ministry is unlikely to grant sanction to the CBI to prosecute four Intelligence Bureau (IB) officials, including its former Special Director Rajinder Kumar, in the Ishrat Jahan fake encounter case as the investigation agency has not yet submitted the case diary for examination.
The ministry had sought certain documents, including the case diary, from the CBI saying examination of the material available was necessary before taking any decision on granting sanction.
“No sanction will be accorded without proper application of mind for which material available on record is required. Since the CBI has not yet shared the case diary, we are not in a position to take any decision,” a Home Ministry official said. The Home Ministry and CBI are at loggerheads over granting sanction to prosecute the four IB officials with the ministry demanding the case diary before the nod can be given and the probe agency deciding to seek legal opinion on the demand.
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The CBI has sought sanction from the MHA to prosecute Kumar and three other officers P Mittal, M K Sinha and Rajiv Wankhede in connection with the fake encounter killing of college student Ishrat, in which the chargesheet has been filed after completion of the investigation.
According to the law, a case diary which is maintained by the Investigating officer can be shared only with the court.