The supplementary charge sheet filed in the 2004 Ishrat Jahan fake encounter case has been questioned even before the special CBI court in Ahmedabad could take cognizance of it. On Monday, Rajinder Kumar’s counsel described the charge sheet as politically motivated.
Former joint director of the Subsidiary Intelligence Bureau (SIB), Rajinder Kumar, has questioned the legal stance taken by the investigating agency in filing the charge sheet. He asked whether CBI had taken permission from the law ministry for the same or not.
“No court can take cognizance of the charge sheet filed against a public servant without taking permission of a competent authority under Section 197 of Criminal Procedure Code (CrPC). According to news reports, the attorney-general of India has stated that such permission is still pending. It looks that the charge sheet filed by the CBI is politically motivated,” said SV Raju, counsel for Kumar.
According to CrPC, a public servant cannot be charged or prosecuted unless the investigating agency gets permission from the competent authority. As per news reports, the A-G said that prior sanction for prosecution was a must under Section 197 of CrPC without which the serving IB (Intelligence Bureau) official cannot be made to stand trial. “If the statements are correct, then the entire supplementary charge sheet filed in the court is questionable,” stated Raju.
In the charge sheet filed by CBI last week, Kumar has been named as the conspirator and murderer. The agency has also accused three other IB officers, P Mittal, MK Sinha and Rajiv Wankhede, of kidnapping, conspiracy and illegal confinement in the case.
CBI judge HS Khutwad, meanwhile, said he was yet to look at the charge sheet and other documents submitted by the investigating agency.
“I am yet to look into it. Let me see whether they (CBI) have the permission or not.”
After hearing Raju’s argument, the court said it would take up the matter again on Tuesday.
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