A Special CBI court Tuesday rejected the discharge applications of DG Vanzara and NK Amin who are accused in the Ishrat Jahan alleged fake encounter case. Vanzara, who is out on bail, is accused of planning the encounter that was allegedly staged by a joint team of the Gujarat Police and officers of the Intelligence Bureau. Retired superintendent of police NK Amin is co-accused in the case. The duo had moved the discharge plea after their then superior officer, retired Director General of Police P P Pandey, was discharged.
The court refused to discharge Vanzara and Amin on the ground of parity with Pandey. The court held that the role of these two accused is “greater” than the retired DGP.
The court asked the CBI whether it wanted to obtain sanction from the state government for prosecuting these two former officers or not. The court said if CBI can’t get sanction under Section 197 of the Code of Criminal Procedure (CrPC) — required for prosecuting a government servant–it should inform the court accordingly. The CBI has not sought the state government’s sanction in this.
However, the agency had sought permission from the Ministry of Home Affairs in the case of four accused IB officers. which was not granted. There are four accused officers of Intelligence Bureau who were also chargesheeted in 2014 that includes former special director Rajinder Kumar. This chargesheet is pend...