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This is an archive article published on August 6, 2013

CBI court reserves order on accused cops’ plea till Aug 7

CBI court on Monday reserved its order on the issue of providing the previous statements of 21 witnesses to the accused in connection with the 2004 Ishrat Jahan encounter case till August 7

A CBI court on Monday reserved its order on the issue of providing the previous statements of 21 witnesses to the accused in connection with the 2004 Ishrat Jahan encounter case till August 7.

The accused policemen,IPS officer G L Singhal and DSP Tarun Barot,had filed an application seeking previous statements of these witnesses recorded before the Detection of Crime Branch,Ahmedabad,which was earlier investigating the case and later on handed over to Gujarat HC-appointed Special Investigation Team (SIT).

Singhal’s lawyer Brijrajsinh Jhala argued before Additional Chief Judicial Magistrate HS Khutwad that CBI can’t “pick and chose” statements of witnesses. Citing a couple of judgments by the Delhi High Court and the Kerala High Court,Jhala contended that CBI must provide copies of the earlier statements.

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However,CBI opposed the application saying that since they are only relying on statements of these witnesses given to them,CBI said the previous statements of these witnesses recorded before other agencies do not concern them.

It is to be noted that CBI’s investigation mostly relied on statements of 21 witnesses recorded before several magistrates in Maharashta and other places. Based on their testimonies CBI concluded that 19-year-old Ishrat Jahan,Javed Sheikh,Zeeshan Johar and Amzad Ali Rana were killed in a fake encounter,jointly executed by the Gujarat police and officers of the CBI.

Among the witnesses,many were named in the FIR registered by the CBI as an accused following SIT’s revelation that it was a fake encounter by the order of the Gujarat High Court.

These witnesses include DH Goswami,BA Patel,Nizamuddin Saiyed,Chetan Goswami,Mohan Nanji Menat,IK Chauhan,among others.

Order on Pandey’s bail plea likely today

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Ahmedabad: A CBI special court is likely to pronounce its order on Tuesday on the anticipatory bail plea filed by Additional DGP P P Pandey,one of the seven accused chargesheeted by CBI in connection with the 2004 Ishrat Jahan encounter case. Pandey,who was proclaimed absconder by a CBI court,sought his bail on the ground that CBI investigation doesn’t have any substantial evidence against him.

He also alleged CBI of having “political motive” behind “framing” him in this case. In the chargesheet,Pandey has been charged of conspiracy,illegal custody,kidnapping and murder among others of four persons namely Ishrat Jahan,Javed Sheikh,Zeeshan Johar and Amjad Ali Rana. ens

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