HC pulls up CBI for going beyond brief

The Gujarat High Court on Friday questioned the CBI probe into the 2004 Ishrat Jahan encounter case saying it was going beyond

The Gujarat High Court on Friday questioned the CBI probe into the 2004 Ishrat Jahan encounter case saying it was going beyond the subject matter and was trying to question the authenticity of the IB inputs following which the alleged encounter took place. The court comprising Justices Jayant Patel and Abhilasha Kumari also pulled up the CBI for not filing the chargesheet in the case which resulted in five accused getting default bail. The court also verbally asked the CBI to file the chargesheet by the second week of July.

The Bench which is monitoring investigation into the case was conducting the hearing mainly on two points: extension of tenure for Gujarat-cadre IPS officer Satish Verma on deputation to the CBI for investigation of the case; and the time needed by CBI to complete its probe in the case.

The CBI is pursuing the case to check the intelligence inputs provided by IB regarding a LeT module on a mission to kill Gujarat Chief Minister Narendra Modi. Questioning the investigation in this direction and the delay in filing of chargesheet,the Bench observed,IB inputs,if they were terrorists or not,that is not the subject matter of investigation. Even if one is a terrorist,you have to follow the rule.

Pointing to the CBIs status report,Justice Patel observed that the agency wanted to ascertain if those killed in the encounter were terrorists or not and if the IB inputs were correct. It has nothing to do with the IB. Even if the inputs were correct,one cannot be killed in a fake encounter, Justice Patel said. Much time has been spent on probing the authenticity of IBs inputs, Justice Patel told CBI counsel Ejaz Khan. Justice Patel also observed that if the probe was not heading in the proper direction it was the duty of the court to check that.

The court also pulled up CBI for not filing the chargesheet so far that resulted in five accused getting default bail. What is your explanation of not filing chargesheet in time?8230;and does that mean that you have soft approach towards some accused? Justice Patel asked.

Ex-DGP fails to appear before CBI

AHMEDABAD: Retired DGP K R Kaushik on Friday failed to appear before the CBI for questioning in the Ishrat Jahan encounter case. The agency plans to summon him again. Kaushik was the Ahmedabad Police Commissioner in 2004 when Mumbai college girl Ishrat and three others were killed by a police team near Ahmedabad on June 15,2004. CBI suspects Kaushik conspired with the then Ahmedabad Crime Branch officers P P Pandey and D G Vanzara to stage the encounter killing based on an intelligence input. ENS