The Central Bureau of Investigation (CBI) on Thursday charged former Special Director of Intelligence Bureau Rajinder Kumar with murder and criminal conspiracy in the Ishrat Jahan encounter case. However, the agency did not name Amit Shah, close aide of BJP prime ministerial candidate Narendra Modi, in the supplementary chargesheet filed in a CBI court in Ahmedabad.
The CBI accused Rajinder Kumar and three other officers of the Subsidiary Intelligence Bureau of carrying out a joint operation to kidnap and kill 4 persons in the alleged fake encounter. Additional charges were also pressed against a Gujarat Police official. The agency chargesheet was filed despite the Law Ministry’s denial of sanction to prosecute them. Besides Rajinder Kumar, a 1979 batch IPS officer who retired last year, those named in the chargesheet are P Mittal, M K Sinha and Rajiv Wankhede. Earlier, in its first chargesheet filed on July 3, 2013 against 7 Gujarat police officials, the CBI had alleged that Intelligence officials had confined an alleged terrorist and placed him under audio surveillance. The CBI had said that three intelligence officials had abducted another alleged terrorist from Gota crossing and confined him under illegal custody at Arham farm house. The agency had said the encounter was not genuine and it was a joint operation of the Subsidiary IB, Ahmedabad and Gujarat Police.
“It was alleged that accused officials of Gujarat Police and certain other persons were instrumental in securing illegal custody of the four persons who were subsequently abducted and later killed in a fake encounter. The persons killed were kept in illegal custody separately before the alleged fake encounter. The accused police officials with the help of officers of other agency allegedly obtained weapons for the purported encounter,” a CBI spokesperson said.
In the supplementary chargesheet, Rajinder Kumar has been charged under Sections 302 (murder), 120 -B (criminal conspiracy), 364 (kidnapping in order to murder), 346, 364 & 368 (wrongful confinement) of IPC, besides Sections 3, 25 (A) and 29 of the Arms Act. Three other IB officials have been charged of conspiracy and illegal confinement under 120-B (criminal conspiracy), 346 (wrongful confinement), 365 & 368 (kidnapping and wrongful confinement) of the Indian Penal Code.
The chargesheet said Rajinder had supplied arms and ammunition used in the crime to another accused IPS officer Girish Singhal to be handed over to Deputy SP Tarun Barot. The agency also slapped additional charge under Section 193 of IPC (fabricating evidence) against retired DySP J G Parmar, already chargesheeted in the case. The agency said Parmar concealed the fact that he had kept the car with him in which the four - Ishrat Jahan, Javed Shaikh alias Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar were killed on June 15, 2004.