In a boost to the BJP in poll season, the CBI on Wednesday gave a clean chit to BJP prime ministerial candidate Narendra Modi’s close aide and Gujarat’s former Home Minister Amit Shah in the alleged fake encounter case of Ishrat Jahan and three others in 2004.
“There is no sufficient evidence against Amit Shah. Hence the CBI has not charge sheeted him,” CBI Inspector Vishwas Kumar Meena said in an affidavit filed before the special CBI court in Ahmedabad.
While the BJP said it knew it was coming as the CBI was working under the Congress’ pressure, the latter sought to downplay the development claiming it reflects “functional freedom” of the investigating agency.
BJP spokesperson Nirmala Sitharaman said there was absolutely no evidence against Shah. The Congress manipulated the CBI to discredit Modi. The Congress has a lot to answer on the issue.
“If the CBI has decided not to include Shah’s name in the chargesheet, it is the CBI’s professional decision,” Congress spokesperson Shashi Tharoor countered adding it is another proof that the CBI, which has been derided by the BJP and Shah as “Congress Bureau of Investigation,” has “functional freedom” and enjoys independence. CBI also sought dismissal of the plea by Gopinath Pillai, father of Javed Sheikh alias Pranesh Pillai, who was among those killed with Ishrat, to arraign Shah and the then Ahmedabad Police Commissioner KR Kaushik in the case.
Pillai had cited the resignation letter of suspended IPS officer and an accused in the Ishrat Jahan case DG Vanzara in support of his petition. Vanzara, had in September last year, announced his resignation from the IPS, accusing the State Government of not protecting police officers jailed in connection with alleged staged encounter cases. He had then claimed that those officers had “simply implemented the conscious policy” of the State Government.
In its affidavit, the CBI said: “The said resignation letter contains general allegations and is not providing any concrete information about the role of Shah in this offence. After receiving the letter, CBI examined Vanzara in jail. However, he has not disclosed any further details during his examinations.” Apart from giving a clean chit to Shah, the CBI also said there was no evidence against Kaushik to show his involvement in the encounter and so he was made a witness in the case.
While IPS officers Vanzara, PP Pandey, Gl Singhal and other police officers were named as accused in the first charge sheet, the supplementary charge sheet named former IB Joint Director Rajendra Kumar, who was then posted at the Subsidiary Intelligence Bureau in Gujarat, and three other officers of the covert agency, as accused.
Ishrat (19), her associates Javed Sheikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter with Gujarat Police on the outskirts of Ahmedabad on June 15, 2004. Gujarat Police had claimed after the encounter that the deceased were lashkar-e-Toiba activists out on a mission to kill Modi.