Ishrat Jahan encounter case disposed of without trial after case against last two IB officers dropped

Agencies
April 20, 2021

The 2004 Ishrat Jahan encounter case on Monday was closed for good, with a metropolitan court allowing applications of two accused Intelligence Bureau (IB) officers including former special director Rajinder Kumar challenging issuance of summons against them.

The court had issued summons against them for taking cognisance of the charge sheet filed against them. 

The duo challenged the summons on the ground that since the Ministry of Home Affairs (MHA), their cadre-controlling authority, denied sanction to prosecute them, the summons were illegal.

The metropolitan court while allowing their pleas ordered that case was being disposed of.

"The court allowed the applications of the two remaining accused and ordered that the case was being disposed of," special public prosecutor, CBI, R C Kodekar said.

With the relief to two officers, the case of Ishrat Jahan encounter stands closed as all accused including seven Gujarat policemen, one of the them died last year, and two other IB officers, getting dropped from the case. The seven policemen included former Director General of Polce P P Pandey, who was discharged, while cases against ex IPS officer D G Vanzara, ex Superintendent of Police N K Amin, Inspector General of Police G L Singhal, ex Deputy Superintendent of Police Tarun Barot and SRP commando Anaju Chaudhary were dropped for want of government sanction. The seventh accused J G Parmar passed away last year. The CBI has told the court in writing that it accepted all orders and won't challenge them.

The Gujarat high court monitored CBI investigation had found that 19 years old Ishrat Jahan, her friend Pranesh Pillai alias Javed Sheikh and two alleged Pakistani nationals- Amjadali Rani and Zeeshan Johar in the killed in fake encounter in a joint operation of Ahmedabad Detection of Crime Branch and officials of Subsidiary Intelligence Bureau which was then headed by Rajinder Kumar. However, the sessions court while deciding applications seeking dropping of the case for want of sanction that "there was not enough evidence that they were not terrorists and "there is no question of any fake encounter on the part of any such police officers."

Apart from Kumar, his three juniors- Rajiv Wankhede, T Mittal and Mukul Sinha were also involved in the operation. Kumar along with Gujarat policemen were accused of conspiracy, murder, abduction, illegal confinement and sections of arms acts while the three IB officials, who were then Assistant Central Intelligence Officers (ACIO), were chargesheeted for conspiracy, abduction and illegal confinement.

The case was dropped against all the accused persons from state police and IB on the ground that government refused to grant sanction under section 197 of code of criminal procedure (CrPC) to prosecute them. The section mandates prior approval of government before prosecuting government servants. Only former DGP PP Pandey was discharged on merit of the case and want of sanction.  

The CBI had filed the chargesheet against the four IB officers in February 2014 before the metropolitan court and since then it remained pending for cognizance. In 2015, MHA denied sanction to CBI for prosecuting them. The chargesheet was never committed to trial (sessions) court, as the law prescribes, and remained with the metropolitan court. The court had summoned two other accused IB officers who challenged them and was quashed by a sessions court.

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News Network
November 15,2024

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Union minister Amit Shah on Friday, November 15, said PM Narendra Modi will amend the Waqf Act despite opposition from leaders like Uddhav Thackeray and Sharad Pawar.

"Modi ji wants to change the Waqf Board law, but Uddhav ji, Sharad Pawar and Supriya Sule are opposing it," Shah said, addressing a rally at Umarkhed in Maharashtra's Yavatmal district.

"Uddhav ji, listen carefully, you all can protest as much as you want, but Modi ji will amend the Waqf Act," he said. Shah said there are two camps in the November 20 Maharashtra assembly polls, one of 'Pandavas' represented by the BJP-led Mahayuti and the other of 'Kauravas' represented by Maha Vikas Aghadi.

"Uddhav Thackeray claims that his Shiv Sena is the real one. Can the real Shiv Sena go against renaming Aurangabad to Sambhajinagar? Can the real Shiv Sena go against renaming Ahmednagar to Ahilyanagar? The real Shiv Sena stands with the BJP," Shah said.

"Rahul Baba used to say that his government would credit money in the accounts of the people instantly. You were unable to fulfil your promises in Himachal, Karnataka, and Telangana," he said.

Shah said the Mahayuti alliance has promised that women will get Rs 2,100 per month under the Ladki Bahin Yojana. "Kashmir is an integral part of India and no power in the world can snatch it away from us," Shah said.

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News Network
November 26,2024

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Former minister and ex-MLC C M Ibrahim claimed that he still heads the original JD(S) and asked former prime minister and party supremo H D Deve Gowda to cut ties with the BJP, so that the party can be strengthened again. He also said options are being explored to either strengthen the JD(S) or to float a new regional party.

He was speaking to media persons, in Mysuru, on Monday, after meeting JD(S) MLA and former minister G T Deve Gowda, who has expressed his displeasure that he has been sidelined in the party and the party leaders have indicated his retirement from politics.

He stated, “If Deve Gowda had joined the Congress, during the last Assembly election, he would have been a minister now. We retained him in the JD(S), to strengthen the party. Now, efforts are being made to strangulate Deve Gowda’s political career. I have discussed all matters with Deve Gowda. In two days, I will start a Karnataka state tour and meet some leaders. After that, I will meet Deve Gowda again, and then decide on the further course of action.”

Ibrahim said, “The original JD(S) is ours. I am still its state president. All documents and accounts are in our name. Even now, if Deve Gowda leaves BJP’s company and returns, we will build the JD(S) again”.

“Union Minister H D Kumaraswamy should mend his ways and stop making JD(S) into a family-owned company. The JD(S)’s situation has become hopeless. Its love for the BJP is over. He should understand this,” he said.

“When I was with Kumaraswamy, he spent just Rs 4 crore in Channapatna and won by 20,000 votes. Now, without me, he spent Rs 150 crore and still lost by 25,000 votes. Without Muslims’ support, the JD(S) cannot win a single seat. Now, it is proved that 19 MLAs of the JD(S) won in 2023, because of Muslims,” he added.

Speaking on other options available, Ibrahim said, “We have not yet decided to go with the Congress. We are only considering to establish a third front. Whether it is founding a new regional party, forming a third front, or strengthening the JD(S), will be decided shortly.”

Earlier during the day, before meeting Deve Gowda, Ibrahim had said, that 12 to 13 JD(S) MLAs were dissatisfied with the party, but like Deve Gowda, were enduring pain.

“Now, I have started the task of uniting them. I as the JD(S) state president, it is my responsibility to address our MLAs’ grievances. At present, the JD(S) is on fire and all JD(S) MLAs want to protect their respective constituency. Hence, they have started speaking one by one,” he said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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