Gujarat police today refused to register an FIR against Chief Minister Narendra Modi, his aide Amit Shah and others in the snooping scandal on a complaint by suspended IAS officer Pradeep Sharma, who threatened to move the court.
Sharma, whose name has figured in the raging row, approached Gandhinagar police with his complaint and sought an FIR to be registered but the police merely accepted his application.
"Police Inspector (in-charge) of Sector-7 police station accepted the application but refused to file an FIR. So, I am now going to SP office to register my complaint," Sharma told reporters and said he would move the court if his endeavour to get an FIR registered failed.
The suspended IAS officer said he was the aggrieved party and therefore, he had the locus standi to file the FIR.
"Sector-7 police station officials refused to take any action initially. They asked me to go to Commission or the court," he said.
"This is a cognizable offence and the Supreme Court has said that an FIR should be lodged in a cognizable offence. I have submitted evidence of audio clippings of the two websites (Gulail and Cobra post)," he said.
"My complaints are against Gujarat Chief Minister Narendra Modi, former state Home minister Amit Shah, then Inspector General (intelligence) A K Sharma and others," he said.
Sharma also said the Commissions of Inquiry constituted to probe the scandal have powers to make recommendations but it is the police which has to register an FIR, investigate and prosecute.
"A Commission of Inquiry has got nothing to do with a criminal activity. If a criminal case takes place, an FIR has to be filed," he said, adding, "The Commission does not look into the criminality."
When contacted, Gandhinagar SP Sharad Singhal said Sharma's application has been accepted, but refused to elaborate.
Two investigative news portals, Cobrapost.com and Gulail.com, had claimed on November 15 that former Minister of State for Home in Gujarat Amit Shah had ordered illegal surveillance of a woman at the behest of one "Saheb", believed to be Modi.
They had released taped conversations between Shah and suspended IPS officer G L Singhal to support their claim, but said that its authenticity could not be confirmed.