The Gujarat high court ruling to hand over the case to the CBI is likely to put Mumbai’s encounter specialist cop Daya Nayank in a spot of trouble.
The Gujarat high court ruling on June 16 to hand over the Sadik Jamal encounter case to the Central Bureau of Investigation (CBI) is likely to put Mumbai’s encounter specialist cop Daya Nayank in a spot of trouble.
Sadik Jamal, who was an accused in a gambling case, was gunned down in an encounter by sleuths of the Detection of Crime Branch (DCB) of the city on the midnight of January 13, 2003.
The encounter happened near Galaxy cinema in Naroda. The DCB had at that time claimed that Sadik was on a mission to eliminate chief minister Narendra Modi and veteran BJP leader LK Advani.
In 2007, Sadik’s brother Sabbir filed a petition before the Gujarat high court seeking to hand over probe in the case to the CBI. He had alleged that his brother was eliminated in a staged encounter.
After hearing the case, Justice MR Shah of the high court on Thursday directed the DCB to file an FIR in the case and hand it over to the CBI.
Mukul Sinha, counsel for Sabbir, said that the CBI during the course of investigation should also probe the role of Daya Nayak, the encounter specialist from Mumbai. Nayak’s alleged role in the case surfaced when Mumbai-based former journalist Ketan Tirodkar filed an affidavit before the Gujarat high court.
In it he alleged that Sadik was actually handed over to Gujarat police by Nayak some couple of days before he was encountered.
In the affidavit, Tirodkar said that he and Sadik met each other when the former went to Dubai to meet one Tariq Parveen. At that time Sadik was working as a domestic help at Tariq’s residence.
Tirodkar further said that he met Sadik when the latter came to Mumbai in 2002. At that time Sadik even sought Tirodkar’s help in a case filed against the former in Bhavnagar, the affidavit stated. Tirodkar further alleged that he then advised Sadik to meet Nayak as the cop had contacts with Gujarat police.
Tirokdar said three days before the encounter, he according to Nayak’s instructions handed over Sadik to DG Vanzara, then Deputy Commissioner of Police of DCB, at Sanjay Gandhi National park in Mumbai.
Tirodkar alleged that, Sadik was handed over to Vanzara, who is at present behind bars in connection with the Sohrabuddin Sheikh fake encounter case, to be branded and killed as a terrorist at the behest of some political leaders.
Sinha said that they had filed this affidavit before the high court to boost their claim that the whole encounter story was made up by then DCP Vanzara and JCP, PP Pandey.
"Now, the CBI should probe the Nayak factor as well," Sinha said. Ketan Tirodkar is lodged in Arthur road jail at present while police sub-inspector, Nayak, was suspended by the Maharashtra police in a disproportionate asset case.
In its order, the high court judge MR Shah observed that even the claims made by Tirodkar, based on which Sabir stated that his brother was killed in an encounter, also needs to be investigated.
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