Congress on Wednesday sought to downplay a clean chit given by CBI to Narendra Modi's close aide Amit Shah in the alleged fake encounter case of Ishrat Jahan and three others and said it reflects "functional freedom" of the investigating agency.

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"If CBI has decided not to include Shah's name in the chargesheet, it is CBI's professional decision," Congress spokesperson Shashi Tharoor told reporters in New Delhi.

He went on to add that it is another proof that the CBI, which has been derided by the BJP and Shah as 'Congress Bureau of Investigation', has "functional freedom" and enjoys independence.

At the same time, he said the case of 2004 has "not been decided yet" and so there is "no exoneration" by the court.

Citing insufficient evidence, CBI today gave a clean chit to Shah, former Gujarat Home Minister, in the alleged fake encounter case.