Gujarat cadre IPS Rajnish Rai, who is fighting a legal battle with the Modi administration for downgrading his annual confidential report (ACR), has accused former DGP PC Pande and former junior home minister Amit Shah of tempering with evidence, destruction of evidence and delay in investigation in Sohrabuddin and Tulsiram Prajapati fake encounter cases.
Both these cases are now being probed by the central agency CBI at the SC's instance.
Shah was arrested by the CBI as one of the prime accused in fake encounter case and currently out on bail but the Apex Court has restrained him from entering Gujarat.
In 2007 when the Gujarat police was investigating the Sohrabuddin fake encounter case, DIG Rajnish Rai had startled the Modi government and Gujarat police by arresting three IPS officers, DJ Vanjara, Rajkumar Pandian and Rajasthan's Dinesh MN.
All these officials have been lodged in jail since their arrest by Rai in 2007. However, he was immediately removed from the investigation and Geetha Johri was given full responsibility of the probe in this sensational fake encounter case.
PC Pande, who was DGP, had downgraded Rai's ACR for the year 2010-11 and also put an adverse remark saying the official never kept his superiors informed about investigations in sensitive cases.
Rai has challenged this before the Central Administrative Tribunal (CAT) and made the state government, Pande and others party in the case.
"Pande's conduct is clearly and sufficiently establish his culpability in the conspiracy to kill Tulsiram Prajapati in fake encounter, destruction of evidence in Sohrabuddin fake encounter case and in causing willful obstruction in investigation of the fake encounter case by using his office as DGP of the state," Rai stated in his affidavit before the CAT on Thursday.
He stated that then junior home minister Amit Shah had asked additional DG (CID crime) to temper evidence in the Sohrabuddin case so that involvement of senior cops is not established. CID crime was previously investigating the fake encounter case.
Rai has also named another retired IPS official OP Mathur, who was additional DG (CID crime) and he has asked Rai to not make any fresh notings or entry in the Sohrabuddin case.