HindustanTimes Sun,21 Dec 2014

Ishrat case: CBI sends a reminder to home ministry for prosecution sanction for four IB officials

Abhishek Sharan, Hindustan Times  New Delhi, August 28, 2014
First Published: 01:25 IST(28/8/2014) | Last Updated: 01:27 IST(28/8/2014)

The CBI has sent a reminder to the home ministry to expedite the request for its sanction to prosecute four former Intelligence Bureau (IB) officers, including a retired special director, in the Ishrat Jahan encounter case for their alleged role in the conspiracy.

"We have still not got the home ministry's sanction to prosecute the four then IB officials in the Ishrat case. We have sent them a reminder," a senior agency official told HT.

The official said, "Barring the case diary that the ministry had wanted to apply its mind, we have given all other key evidence, including statements of the accused and witnesses, relied-upon in chargesheeting the four IB officers."

CBI had ruled out the option of sharing the case diary with the ministry 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. The trial court had, however, directed the CBI to get the government's sanction so that the judge could proceed, after which sought the ministry's prosecution sanctions but is yet to get them.

The CBI had charge-sheeted the four officials -- retired special director Rajinder Kumar and then assistant central intelligence officers Tushar Mittal, M K Sinha and Rajeev Wankhede -- for their alleged role in the June 15, 2004 "fake encounter".

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