The home ministry is not convinced that the CBI has evidence to arrest or prosecute a top Intelligence Bureau officer in the conspiracy to carry out the fake encounter in which Ishrat Jahan and three others were killed in Gujarat nine years ago.
A senior home ministry official said the investigating agency has shared its evidence it has against IB Special Director Rajender Kumar and conveyed its intention to arrest him in the infamous case.
"CBI has shared evidence with the home ministry after which the ministry told CBI that this does not show Kumar was part of conspiracy to carry out the encounter. There is not enough evidence against the senior IPS officer," the official said.
The home ministry also made it clear that the evidence against Kumar was not sufficient to give sanction to CBI to prosecute Kumar in the alleged fake encounter case.
However, the CBI has not sought sanction from the home ministry, which is the cadre controlling authority of IPS officers, to prosecute Kumar.
Officials said CBI was planning prosecute and arrest Kumar after his retirement from service on July 31 without asking the home ministry the sanction.
Meanwhile, CBI sources said that they do not need sanction from the Home Ministry to prosecute Kumar as the case in point is of alleged fake encounter which is not the part of the duty of any government officers.
CBI sources said even in some case of alleged fake encounters which took place in Punjab and were probed by the CBI, no sanction of prosecution was needed.