In a fresh move to break the deadlock with home ministry over sharing of case diary in the Ishrat Jahan fake encounter probe, the CBI has provided it other key evidence, including statements of the accused and witnesses relied upon in chargesheeting four Intelligence Bureau (IB) officers in February.
HT had first reported on June 23 about the CBI decision to share other key case evidence, but not the case diary, with the ministry.
The CBI did not give the case diary since only the courts — and not the home ministry — were entitled to examine its case diary under the law, section 173 of the Code of Criminal Procedure.
“We have given key relied-upon-evidence to the home ministry that should be sufficient for them to decide if the government should sanction prosecution of the then four IB officers as requested by the agency,” said a CBI source.
“The evidence shared with them included statements of the accused, witnesses and a few other documents requested for by the ministry,” said the source.
“Now, the onus is on the ministry to take a decision on the grant of the prosecution sanctions,” said the source.
The home ministry had insisted that it would need the case diary to decide whether to sanction prosecution of the four then IB officers.