CBI may file final chargesheet on May 20 & ask court to issue proclamation under sec 82.
After he failed to respond to summons and an arrest warrant by the CBI, additional director general of police (ADGP) of CID – Crime, PP Pandey may soon be declared as an absconder by the Central Bureau of Investigation (CBI). It should be noted that Pandey, a suspect in the Ishrat Jahan fake encounter case has remained untraceable for quite some time now.
Sources in the CBI said that the agency is likely to file its final chargesheet in the case on May 20.
“After the agency failed to trace Pandey it is now expected to approach the court to issue a proclamation under Section 82 of the CrPC. This effectively means that Pandey will now be proclaimed as a fugitive,” the source said. It further said that if the police officer still fails to make an appearance despite the proclamation, then the CBI is likely to ask the court to attach his property under Section 83 of CrPC as well.
Meanwhile, the central agency is also looking into the role of the then Ahmedabad city police commissioner KR Kaushik and the Central Intelligence Bureau officer who gave Kaushik the report about LeT planning a big attack on the state and targeting Modi.
A CBI source said that it was on this specific input that the entire Ishrat Jahan fake encounter was planned.
“The agency is trying to figure out if Kaushik already knew that Javed Pillai and Amjad Ali Rana, two of those killed in the fake encounter, were in custody of the crime branch when the encounter happened. They are also trying to find out why the intelligence officer gave such an input and if Kaushik had any inkling of it being genuine or otherwise,” said the source.
Source also said that if the CBI does not manage to investigate Kaushik and the IB officer till the time of filing the chargesheet, it will be filed under section 173 (8) of CrPC. “This section allows the CBI to include any further developments regarding Kaushik and the IB officer in the chargesheet. The agency may also summon Kaushik,” the source added.
Pandey, a 1980-batch IPS officer of Gujarat cadre, was joint police commissioner in Ahmedabad when Ishrat Jahan, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter near the Kotarpur waterworks on June 15, 2004. Gujarat police had claimed that they were terrorists who had arrived in the city to assassinate chief minister Narendra Modi.
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