“There is a suspicion that a case accused was in touch with Shah before and after the incident telephonically, the records of which we are verifying. We may examine him after filing our charge sheet, which will be followed by a supplementary charge sheet,” he said.
The agency may charge sheet Intelligence Bureau’s special director Rajinder Kumar, a 1979 batch Indian Police Service officer who was posted in Gujarat from 2001 to 2005, without seeking a prosecution sanction from the home ministry.
“We don’t need any prosecution sanction to charge sheet the IB officer since sanction under section 197 of the CrPC is mandatory only if the crime is committed as part of the government servant’s official duties. This was a fake encounter, orchestrating it wasn’t part of his official duty,” he said.
“No prosecution sanction was required to charge sheet senior police officers accused in fake encounter probes in Punjab,” said the source.
A home ministry source, however, said that CBI’s evidence only indicated that Kumar was in the loop, not conspired to murder.
Ishrat Jahan encounter case on Dipity.