The Union home ministry is unlikely to grant sanction to the CBI to prosecute four Intelligence Bureau (IB) officials in Ishrat Jahan fake encounter killing case without examining the case diary of the probe.
“No sanction will be accorded without proper application of mind for which material available on record is required. Since the CBI has not yet shared the case diary, we are not in a position to take any decision,” a ministry official said requesting anonymity.
The CBI has sought sanction to prosecute three serving IB officers P Mittal, M K Sinha and Rajiv Wankhede and retired special director of the agency Rajinder Kumar in connection with the fake encounter killing of college student Ishrat. The CBI is seeking legal opinion on the issue as case diary, according to the Criminal Procedure Code, can be shared with courts only.
Under the provision of Section 172 CrPC, every police officer conducting an investigation maintains a record of the probe in a case diary. Any court may send for the case diary of a case under inquiry or trial in such court and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.