Ishrat Jahan fake encounter case: Special CBI court sets aside summonses to two IB officers

A special CBI court today set aside summonses issued to two Intelligence Bureau (IB) officers by a magistrate court in the Ishrat Jahan alleged fake encounter case.

Published: 31st March 2018 04:12 PM  |   Last Updated: 31st March 2018 04:12 PM   |  A+A-

Ishrat Jahan

By PTI

AHMEDABAD: A special CBI court today set aside summonses issued to two Intelligence Bureau (IB) officers by a magistrate court in the Ishrat Jahan alleged fake encounter case.

Special CBI Judge J B Pandya set aside the lower court order issuing summonses to Rajeev Wankhede and T S Mittal, who worked as assistant central intelligence officers when the alleged fake encounter took place in June 2004.

The duo had challenged the summonses issued to them.

The metropolitan magistrate court had also issued summonses to other two IB officers --special director Rajinder Kumar and officer M S Sinha -- but they have not moved the special CBI court challenging them.

Whether the order of the special CBI court applies to all the four IB officers will be clear only after the copy of the order is received, CBI lawyer R C Kodekar said.

The four IB officers have been charged by the CBI with murder, criminal conspiracy, illegal detention and kidnapping.

Challenging the summonses, Wankhede and Mittal had told the CBI court that they were not maintainable, as the court had not taken cognisance of the CBI charge-sheet.

No summons can be issued as the Centre has not given sanction for their prosecution as required under the Code of Criminal Procedure, they had contended.

The CBI, however, contended that a court can use its discretion to issue summons even when the competent authority has not given sanction.

Ishrat Jahan, a 19-year-old college girl from Mumbra near Thane, her friend Javed Sheikh alias Pranesh, Amzad Ali Rana and Zeeshan Johar were killed in an alleged fake encounter by the Ahmedabad police on the outskirts of the city in June 2004.

The police had then claimed that they were terrorists affiliated to the Pakistan-based Lashkar-e-Taiba.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp