A special CBI sessions court on Thursday directed the additional chief judicial magistrate (ACJM),CBI court to issue the arrest warrant against IPS officer P P Pandey who is accused in the Ishrat Jahan encounter case.
Special Judge Gita Gopi set aside the order of ACJM that had rejected CBI’s plea to issue the warrant.
The ACJM H S Khutwad had rejected CBI’s application by saying,”the investigative officer has power to arrest if he wishes as the offence is cognisable one. Further in support of the application I don’t find any justified circumstances or record to allow the present application and issue warrant as projected.”
However,judge Gita Gopi observed that “The order passed by learned ACJM is found illegal and incorrect. It is against the provision of law,thus,required to be set aside.”
“The judicial discretion which has been exercised is arbitrary and perverse and thus,the revisionist (CBI) has succeeded to bring to notice of this court that the interference is necessary in the interest of justice… The ACJM is directed to issue warrant of arrest,” the judge has observed in the order.
Pandey who has ducked CBI notices twice (April 22 and April 24) is an accused in the fake encounter case where the Khalsa college girl from Mumbra,Ishrat Jahan was killed with her friend Pranesh Pillai alias Javed Sheikh and two others,Zeeshan Johar and Amjad Ali Rana on June 15,2004.
He is now posted as an Additional Director General of Police (ADGP) in the CID (crime).
The CBI has already arrested six police officials in the case including IPS officers G L Singhal,DSP Tarun Barot among others. They have all been charged of illegal confinement,conspiracy and murder of the four alleged LeT operatives.