MHA delays giving affidavit files,CBI may move HC

With the Ministry of Home Affairs dragging its feet to handover the files relating to two affidavits filed by them in the Ishrat Jahan case in 2009,the CBI plans to approach the Gujarat High Court

With the Ministry of Home Affairs dragging its feet to handover the files relating to two affidavits filed by them in the Ishrat Jahan case in 2009,the CBI plans to approach the Gujarat High Court,asking it to direct the MHA to provide the said files. The move may result in a stand off between the MHA and CBI with the latter insisting on naming Intelligence Bureau Special Director Rajender Kumar as an accused in its supplementary chargesheet to be filed this week,said officials.

Top CBI officials said that they have held discussion with Home Secretary Anil Goswami for providing files related to the two affidavits,but so far there has been no clarity. The agency also conducted an internal probe in which they found that the allegations of coercion levelled by R V S Mani,Under Secretary in MHA who filed the two affidavits in 2009,cannot be substantiated.

On June 24,in a letter addressed to his seniors in the Urban Development Ministry,Mani had claimed that IG Satish Verma,who was heading the Ishrat Jahan case probe,forced him to make a statement. The CBI argued that Mani did not complain immediately and it was an afterthought. As per the CBI inquiry,Verma was not alone during the questioning of Mani and none of the CBI officers who were present during the questioning supported Manis claims during the internal inquiry.

Mani had claimed Verma had told him that Mumbai 26/11 attack and 2001 Parliament attack were carried out by Indian agencies to strengthen terror laws like POTA and UAPA. Mani later retracted his statement and said he never mentioned Mumbai or Parliament attacks in his letter. The CBI probe claimed that there was no pressure on Mani when he recorded his statement.

Defending Mani,a senior MHA official said,Mani in his statement to the CBI claimed that the two affidavits were drafted by him on the inputs given by the IB. We do not understand what does the CBI want to examine. It is only the content of the affidavits filed on behalf of the government that needs to be examined. It is immaterial who supplied it. Any affidavit filed on behalf of the government is always legally vetted and inputs are given by various departments of the MHA. There are no laid down procedure for giving documents and the agency is free to approach the court.

The CBI said that they want to examine the notings on the file for which they need the custody of the files. It is strange that the affidavits were changed within a month in 2009. We want to find out who misled the government. It is difficult for an Under Secretary to draft two different affidavits. We have strong suspicion that someone else drafted it and it is because of these reasons that we want to the files, said a top CBI official.

The CBI also said that the NIA inquiry regarding the statement of 26/11 suspect David Coleman Headley has not revealed anything as he hasnt named Ishrat in his 117-page interrogation report. The CBI had sought help from the NIA regarding the report that the Mumbai attack mastermind has named Ishrat and she was part of the failed terror module being executed by Lashkar commander Muzzammil Bhatt.