In its supplementary chargesheet in the Ishrat Jahan fake encounter case, the CBI has claimed that retired special director of Intelligence Bureau Rajinder Kumar had allegedly dictated the affidavit filed on behalf of Union Home Ministry before the Gujarat High Court claiming that the Mumbra girl was a terrorist and the encounter was genuine.
The then Under Secretary in the Union Home Ministry, RVS Mani, furnished two affidavits before the Gujarat High Court in less than two months with contradicting versions on the antecedents of Ishrat and the nature of the encounter. In the first affidavit filed on August 6, 2009, Mani’s affidavit stated that Ishrat and three others were terrorists while in the second affidavit filed on September 30, 2009, he claimed that there was no conclusive evidence to suggest she was a terrorist.
CBI had questioned Mani on the issue. The agency has also examined Union Home Ministry files in its bid to ascertain the basis for such a change in stance in a short period of time. The CBI has not only named Kumar as an accused in the case but has also chargesheeted him for murder, criminal conspiracy, abduction, illegal confinement and certain provisions of the Arms Act.
Besides Kumar, three serving IB officers T Mittal, MK Sinha and Rajiv Wankhede were chargesheeted for criminal conspiracy, illegal confinement, kidnapping and wrongful concealment and various Sections of the Arms Act. The CBI went ahead with the chargesheet against the IB even as the agency awaited opinion from law Ministry whether sanction was required to chargesheet the IB officials. Sources said the agency has informed the designated Ahmedabad court that the legal opinion from the law Ministry is awaited.
The court is likely to take cognisance of the chargesheet once the opinion of the law Ministry is received. If in case, the law Ministry suggests that prior sanction is required in the case, the CBI may have to seek due sanction from the Union Home Ministry, the cadre controlling authority of IPS officers and administrative Ministry of the IB, the sources said.
CBI has alleged that Kumar, as part of the criminal conspiracy, handed over arms and ammunition to Gl Singhal of Gujarat police who passed on the weapons to Deputy SP Tarun Barot through Nizamuddin Sayeed. These arms and ammunition were allegedly used in executing the crime. The CBI has already claimed in the first chargesheet that alleged fake encounter was a joint operation between the State police and IB.