Jump to content

Ishrat Jahan encounter killing

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by WereSpielChequers (talk | contribs) at 21:02, 13 August 2020 (Typo fixing, replaced: ,T → , T, ,j → , j, ,n → , n). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

The bodies of the four people killed in the encounter, 15 June 2004

The Ishrat Jahan encounter case is an ongoing criminal case in the Gujarat state of India, in which the Indian Central Bureau of Investigation (CBI) initially accused officers of the Ahmedabad Police Crime Branch and members of the Subsidiary Intelligence Bureau (SIB) of Ahmedabad[1] of jointly having carried out a staged "encounter killing" by shooting dead four people on 15 June 2004.[2]

Several officials associated with the case, including those from Home Ministry and Intelligence Bureau, later accused the then UPA government of changing an affidavit for political gains.[3] Following latest developments, Supreme Court has decided to hear plea for quashing action against Gujarat police.[4] Those killed in the incident were Ishrat Jahan Raza, a 19-year-old from Mumbra, Maharashtra, and three men – Javed Ghulam Sheikh (born Pranesh Pillai), Amjad Ali Rana and Zeeshan Johar.[1] The police claimed that Ishrat Jahan and her associates were Lashkar-e-Taiba (LeT) operatives involved in a terroristic plot to assassinate the Chief Minister of Gujarat at that time Narendra Modi. Though refuted by several human right activists and questioned by CBI, these claims have gained credence after revelations by several officials associated with this case. David Headley, a Pakistani-American terrorist who had collaborated with the LeT, later said that Ishrat Jahan was an operative of the LeT.[5] But when he was deposing via video conferencing from the U.S. before Judge G.A. Sanap in the 26/11 trial against Abu Jundal, David Coleman Headley told the court that he didn't have any first hand knowledge about Ishrat Jahan who was killed in a police encounter.[citation needed]Later, David Coleman Headley claimed that LeT commander Zaki-ur Rehman Lakhvi had told him about Ishrat Jahan ‘operation’ though he had also learnt about the case through the media.[citation needed]

After the incident, an investigation was launched based on allegations that the description of the incident by the police was false and the killings were deliberate and unlawful. The police team involved in the incident had been led by DIG D.G. Vanjara, an officer who spent eight years in jail for his alleged involvement in the extrajudicial killing of a criminal gangster, Sohrabuddin Sheikh.[6] Five years later, in 2009, an Ahmedabad Metropolitan court ruled that the encounter was staged.[7] The decision was challenged by the state government and taken to the Gujarat High Court. After further investigation, in 2011, a Special Investigation Team (SIT) told the High Court that the encounter was not genuine, and the victims were killed prior to the date of the staged encounter.[8][9] On 3 July 2013, the CBI filed its first chargesheet in an Ahmedabad court saying that the shooting was a staged encounter carried out in cold blood.[10]

Although the question of whether the killings were an illegal staged event or not is separate from whether the people who were killed were working for the LeT, the family of Ishrat Jahan and several politicians and activists have maintained that she was innocent, and that question has continued to be disputed.[11] The CBI declared that the encounter was staged, but did not comment on whether Ishrat Jahan was an LeT associate or not.[12]

In July 2004, Indian media carried reports[13][14][15][16] that the Lashkar-e-Taiba had published an article on the Jamaat-ud-Dawah's website claiming Ishrat Jahan as their operative. The Jamaat-ud-Dawah issued a denial,[17] stating that they had no knowledge whatsoever of Ishrat Jahan, and that they had merely been summarising Indian media stories about the encounter in the weekly news round-up section of their website.[18] In May 2007, the Jamaat-ud-Dawah apologised to Indian Muslims, and to the family of Ishrat Jahan, for the trouble caused by their summarisation of Indian news coverage of the encounter.[18] Indian media coverage of this apology presented it as being for the alleged statement that Ishrat had been a Lashkar operative.[19]

In its August 2009 affidavit to the High Court of Gujarat, the Government of India used the July 2004 stories in Indian media (that the Lashkar-e-Taiba had claimed Ishrat) as evidence that Ishrat Jahan was an LeT activist.[20] The government used Indian media coverage of the Jamaat-ud-Dawah's apology as further proof that Ishrat Jahan had been actively associated with the Lashkar-e-Taiba, stating that the apology had been issued as a "tactical move to discredit Indian agencies".[20]

In 2010, some media outlets reported that the convicted terrorist David Headley had implicated Ishrat in terrorist activities in a statement given to the National Investigation Agency (NIA).[21] However, the NIA called these reports "baseless",[22] and the CBI said that this assertion was fabricated by the IPS officer Rajendra Kumar, who is one of the suspects in the case.[23] In June 2013, the Intelligence Bureau chief Asif Ibrahim told the Office of the Prime Minister and the Home Minister of India that the Bureau had enough evidence to prove that Ishrat was a part of an LeT module which planned to kill Narendra Modi and the former Deputy Prime Minister of India, Lal Krishna Advani.[24] In February 2016, Headley testified before a Mumbai court, via video from the US, that Ishrat Jahan was a member of Lashkar-e-Taiba.[25][26] Later in March 2016, he claimed that he had told NIA that about Jahan. However, he denied that Zakiur Rehman Lakhvi had told him about her, adding that he had no personal knowledge about her. He also stated that he came to know about her from the media.[27][28]

The encountered

Amjad Ali Rana

Amjad Ali Rana, also known as Amjadali Akbarali Rana, Akbar or Salim, was according to Indian sources from Haveli Deewan (Haveli Diwan) village in the Bhalwal Tehsil of Pakistan.[29] However, a later report by the metropolitan magistrate SP Tamang stated Rana's identity card, along with that of suspect Zeeshan, was forged by the police and the two men were Indian citizens.[30] According to the CBI chargesheet,[31][32] he told the Gujarat Police that he was planning to commit a terrorist act in Ahmedabad. The CBI also said that he was abducted by the Gujarat Police and IB officials from Gota on the outskirts of Ahmedabad.[33] He was found dead with an AK-56 rifle near his body, which according to CBI, was planted by the police officials.[34] Amjad is believed to have met Javed several times in Oman, and also Javed and Ishrat in Ibrahimpur once.[35] Amjad had introduced Ishrat and Javed to Zeeshan, another person killed in the incident. [citation needed]

Ishrat Jahan Raza

Ishrat Jahan Raza (1985 – 15 June 2004) was a second year Bachelor of Science student at Mumbai's Guru Nanak Khalsa College.[36] She was the second of seven siblings. Her lower-middle-class family, hailing from Bihar, lived in the Rashid compound in the Muslim-dominated area of Mumbra in Thane district in Maharashtra. Ishrat's father, Mohammad Shamim Raza, had been the proprietor of a Mumbai-based construction company called Asian Constructions and her mother Shamima worked for a long time at a medicine packaging company in Vashi. However, her father died two years before the incident.[37] To cover expenses after her father's death, Ishrat worked as a private tutor for children and did embroidery work to support her family. She also worked for Javed Sheikh (Pranesh Pillai) as a secretary handling his accounts.[38] Javed used to take her out of town at times on work.[39]

David Headley, who conspired with the Lashkar-e-Taiba in plotting the 2008 Mumbai attacks, later said during FBI interrogation that Ishrat Jahan was a "Fidayeen" (sacrificial aspirant) working for someone named Muzammil Bhat or Muzammil Butt.[40][41] Headley also said during interrogation by the NIA that she was targeting the Chief Minister of Gujarat, Mr. Narendra Modi, and was working for the Lashkar-e-Taiba Terrorist Group.[42] In March 2016, he claimed that he had told NIA that about Jahan among other things, but could not say why they weren't recorded by the agency. However, he went back on part of his statement that LeT chief Zakiur Rehman Lakhvi had told him that "Ishrat Jahan module" was a botched-up operation, adding that he had no personal knowledge about her. He also stated that he came to know about her from the media.[27][28]

Javed Ghulam Sheikh (born Pranesh Pillai)

Pranesh Pillai, later known as Javed Ghulam Sheikh, was the son of Gopinatha Pillai, a native of Noornad in Kerala.[43] He had married in 1994 and had three children.[44] He had migrated to Mumbra in Mumbai after marrying. Before his death, he had been booked for four assault cases in Mumbai and Pune, and had also been charged with involvement in a fake currency racket.[35] Born Pranesh Pillai, he converted to Islam and changed his name in 1991 to Javed Sheikh to marry a Muslim woman called Sajida. Gujarat Police recovered two passports from Javed: one obtained using his original name Pranesh and a second one in his new name.[35][43]

Jahan's family first met Javed Sheikh two months before her death.[37] He had taken Ishrat to Nasik, Bangalore and Lucknow, where he is believed to have met Amjad.[35] Javed Sheikh travelled to Dubai in 2003 and to Oman in 2004. His wife Sajida said he came back indoctrinated from 2003 Dubai visit.[41]

Zeeshan Johar

Zeeshan Johar (variously spelt Jisan Johar, Jishan Johar), also known as Abdul Ghani or Janbaaz, belonged to Gujranwala in Pakistan.[29] Johar was said to have been caught in a trespassing case in Srinagar in 2003 with Amjad.[35] No one claimed the bodies of Amjad and Zeeshan after their death.[35] An identity card with a Pakistan address was reportedly recovered from Zeeshan's body. However, a later report by the metropolitan magistrate SP Tamang stated that identity cards were forged by the police and the two men were Indian citizens.[30]

The accused officers

The police officers accused in the case include the Deputy Commissioner of Police Dhananjay G. Vanzara and Assistant Commissioner of the Police Crime Branch Girish Laxman Singhal.[45] Police inspector Tarun Barot

The SIB officers accused in the case include Special Director Rajinder Kumar, Assistant Director M. K. Sinha, Deputy Superintendent of Police Rajeev Wankhede, and officer T. Mittal.[1]

The encounter

In February 2004, Indian J&K Police had shot dead Ehsan Illahi, an LeT terrorist. The IB-led operation that followed, gathered intelligence about Javed Sheikh's plans and lured him to Ahmedabad where Gujarat Police awaited the arrival of his car.[43][46]

Ishrat had left her house on 11 June 2004, four days before she was killed. According to her brother, their mother Shameema did not like her going out of town with Javed. Therefore, she did not inform her when she left for Nashik.[39] Ishrat made a phone call to her mother on 11 June spoke with her mother. According to her mother, Ishrat called her from a public phone booth outside a Nashik bus stop, and told her that "Uncle Javed Sheikh hasn't come yet." A few minutes later, Ishrat made a second call and told her mother in a terrified voice that Javed had come but with some "strange men", and then hung abruptly.[37] She reportedly made another phone call on 12 June, informing her family that she had met Javed.[citation needed]

On 15 June 2004, the Gujarat police stated that Ishrat, along with three other people, had been gunned down near Ahmedabad by a police team belonging to the Detection of Crime Branch (DCB) of the Ahmedabad City Police.[47][48] The four were allegedly killed after the police chased their blue Tata Indica car. It is not clear how the four wound up in Gujarat from Maharashtra.[49]

The police claimed that all four were connected with the Pakistan-based terror group LeT and were in Gujarat to assassinate Narendra Modi, in order to avenge the communal riots of 2002 which had led to the deaths of numerous Muslims.[48] The police team was led by then Deputy Commissioner of Police Dhananjay G. Vanzara, who was later jailed for involvement in the Sohrabuddin Sheikh encounter killing.[50][51]

Allegations

On 15 July 2004, The Indian Express,[13] The Times of India,[14] Rediff.com,[15] Outlook[16] carried news reports that "the Lahore-based Ghazwa Times, mouthpiece of the Lashkar-e-Taiba" had acknowledged Ishrat Jahan as a Lashkar-e-Taiba operative. According to these news reports, the Ghazwa Times had published an article on the "Jamat-ul-Dawa" (sic) website stating that "the veil of Ishrat Jahan, a woman activist of LeT, was removed by Indian police and her body was kept with other mujahideens (terrorists) on the ground", and that "Ishrat was with her husband, sitting on the front seat of the car" [unreliable source?]. In June 2007, the Business Standard reported that the "global terror group Lashkar-e-Taiyba" had apologised[18] to Indian muslims on 2 May 2007 on the Jamaat-ud-Dawah's website "for causing them problems due to an inadvertent mistake", with the article implying that mistake in question was the claim that "Ishrat Jehan Reza had been a Lashkar operative".[19][unreliable source] These media reports were subsequently used by the Government of India in its 2009 affidavit as evidence of Ishrat Jahan's links with the Lashkar-e-Taiba.[20][52]

Between July 2004[17] and August 2004,[53] the website of the Jamaat-ud-Dawah carried a notice disclaiming knowledge of "the young girl Ishrat Jahan Araa" (sic), claiming that the Indian media had fabricated news about Ishrat Jahan's links to the Lashkar-e-Taiba.[17][53] On 2 May 2007, Abdullah Muntazir, spokesperson of the Jamaat-ud-Dawah Pakistan, apologised to Ishrat Jahan's family and to all Indian muslims because they had to suffer for the journalistic mistake by his staff of quoting Indian news sites without proper attribution, which had enabled Indian media to claim that Ishrat Jahan had been a Lashkar-e-Taiba operative.[18] He claimed that the Jamaat-ud-Dawah had "published a vehement denial",[17] but that the "damage had already been done".[18]

A probe into the encounter was ordered after Ishrat Jahan's family insisted that she was innocent, and the Mumbai police said she had no criminal background, and their investigation did not find anything that could implicate her.[47] A number of politicians and the Maharashtra State Minorities Commission demanded an inquiry.[50] Ishrat's funeral procession was attended by over 10,000 people in Mumbra and the Samajwadi Party state president Abu Azmi said that he would demand a CBI probe into the killings.[54]

The Gujarat government had faced strong criticism by human rights groups for anti-Muslim human rights violations, following the communal riots of 2002.[47] During this period, there had been several police encounter deaths in the Gujarat, three of which have been attributed to attempts to kill Narendra Modi in retaliation for the alleged involvement of the state machinery in the riots. Some [who?]human rights activists have alleged that many of these alleged encounters actually happen in police custody.[55] They claimed that there is a pattern that many of these encounters followed: they always took place in the wee hours of the morning in a deserted area, with no witnesses; a vigorous exchange of fire resulted in the deaths of all the terrorists, while the police received no injuries; and the diary of the accused was often recovered, and contained incriminating evidence.[56] In 2007, several of the policemen held responsible for the death of Ishrat faced trial in connection with the 2005 fake encounter of Sohrabuddin Sheikh and his wife. [citation needed]The police officer D.G. Vanzara, who led the encounter was later jailed for his involvement in the Sohrabuddin Sheikh fake encounter. [citation needed]This resulted in an investigation into the encounter involving Ishrat.

The Gujarat police claimed to have received information on the assassination plot from the Mumbai police. [citation needed] The Mumbai police however denied there was any such information.[56] According to People's Union for Civil Liberties, the Gujarat police did not follow normal procedures in their investigations. No FIR was lodged with the local area police station where the encounter occurred, no charge sheet, no inquest report, and no witness statement.[56] No bullet marks or damage was observed on the road or surrounding area.[56]

S. P. Tamang report

The report by the Metropolitan Magistrate S. P. Tamang submitted in the metropolitan court Ahmedabad on 7 September 2009 said the four persons were killed in police custody.[47][57] It implicated a number of top police officials for the deaths, which were allegedly staged in order to win promotions and rewards.[47]

The Ahmedabad Metropolitan court ruled that the killing of Ishrat Jehan was a fake encounter,[7] and Ishrat's family stated that she was not connected with LeT at all. A petition led the high court to constitute a police team, headed by Additional Director General of Police (ADGP) Pramod Kumar to look into the incident.[58]

In the 243-page report, Tamang named the "encounter specialist" of the Gujarat police, the then head of the DCB, D.G. Vanzara, among others, as the accused in the "cold-blooded murder" of Ishrat and three others.[48][51]

Claiming that the police officers were motivated by their personal interests in getting promotions and appreciation from the Chief Minister, Tamang included a list of top police officers, whom he held responsible. It includes Vanzara and his then deputy Narendra K. Amin, both of whom were already arrested in the Sohrabuddin encounter killing case. The list also included K.R. Kaushik, who was then the Ahmedabad Police Commissioner, P.P. Pandey, who was then the chief of the Crime Branch, and another alleged encounter specialist Tarun Barot.[48]

The Gujarat High Court stayed the Tamang report on 9 September 2009 but gave liberty to Ishrat's mother to produce the report before the three-member committee constituted by the High Court to investigate the encounter. Justice Kalpesh Javheri said the observations made in the report were beyond the jurisdiction of the judicial magistrate.[59] The Division Bench directed the Registrar-General of the High Court to institute a departmental inquiry into the conduct of Mr. Tamang in holding a parallel inquiry into the encounter, when the High Court was already seized of the matter, and submitting the report without its permission.[60][61]

Further investigation

The Gujarat State Government challenged the report of the metropolitan magistrate, saying that the policemen accused of faking the encounter were not given an opportunity to present their side of the arguments. Gujarat government's petition in the High Court against the Tamang report said it should be scrapped as it was "illegal and doubtful".[62] The case was thus taken to the Gujarat High Court. The Gujarat high court stated that Ishrat Jahan encounter case was of national importance, and ordered the police witnesses to be placed where they would not be working as subordinates to officials accused in the case.[citation needed]

In July 2010, some media outlets reported that the LeT terrorist David Headley involved in the 26/11 Mumbai terror attacks had named Ishrat as a member of LeT.[42] However, in a letter to the Gujarat High Court, the NIA clarified that these media reports were false and David Headly did not speak about Ishrat Jahan.[22] IB has alleged that the original NIA report did have excerpts detailing Headley's account about Ishrat's links with LeT: these two paragraphs were later deleted.[63]

The Gujarat High Court in August 2010 held that the motive described by magistrate SP Tamang in his inquiry report on the Ishrat Jahan encounter case cannot be accepted and also raised doubts on the magistrate's conclusion about the time of death of the four.[64]

A Special Investigation Team (SIT), headed by Karnail Singh, was set up to probe the case further. The SIT sent four teams to Srinagar, Delhi, Lucknow and Nashik to probe Ishrat's alleged terrorist links.[65] The team's forensic and ballistic experts, reconstructed the events of the encounter.[66] Karnail Singh appointed a team headed by Professor T D Dogra and Dr. Rajinder Singh, Director CFSL Delhi to help reconstruction of scene of occurrence.[67]

On 21 November 2011, the SIT told the Gujarat High Court that the Ishrat Jahan encounter was not genuine. After the SIT filed its report, the High Court ordered that a complaint under Indian Penal Code Section 302 (murder) has to be filed against those involved in the fake encounter, in which over 20 policemen, including senior IPS officers, were involved.[8][9] The CBI began investigations in the case with the help of Gujarat IPS officer Satish Verma. The CBI in their investigations for the first time tightened it's noose against a top cop in any encounter case, PP Pandey. PP Pandey had plotted Ishrat's encounter with the Central IB official Rajendra Kumar[68]

Arrests

After somewhat more than a year,[69] on 21 February 2013 CBI arrested Gujarat IPS officer G. L. Singhal who was then Assistant Commissioner of the Police Crime Branch at the time of the incident, in connection with the alleged fake encounter. The CBI in its FIR alleged that Singhal, now Superintendent of Police at State Crime Records Bureau played an active role in the encounter which was later found to be fake by the Special Investigation Team (SIT) constituted by the Gujarat High Court.[70][71] Besides Singhal, CBI had previously arrested senior police officers, Tarun Barot, J. G. Parmar, N. K. Amin, Bharat Patel and Anaju Chaudhary. Though when, even after the mandatory 90 days CBI didn't file their chargesheet in the case, all the accused were released on bail, except Amin.[72] A CBI court, issued an arrest warrant for another accused Additional DGP (Crime) P. P. Pandey, who is absconding, though he has filed an appeal in the Supreme Court to get the FIR cancelled.[73]

On 4 June, suspended IPS officer D. G. Vanzara was arrested by the CBI, from Sabarmati Central Jail in Ahmedabad, after he was transferred a day ago from a Mumbai Jail since 2007, where he was lodged as he is an accused in Sohrabuddin Shaikh encounter killing case of 2005 as well as Tulsi Prajapati encounter killing case. CBI alleged that he led the team of Detection of Crime Branch (DCB), Ahmedabad, on whose tip off the Ahmedabad Police went ahead with the encounter, and wanted to interrogate him further.[73] The following day, an Ahmedabad court remanded Vanzara to CBI custody till 10 June.[74]

The CBI has also expressed desire to arrest Rajendra Kumar, but Intelligence Bureau chief Asif Ibrahim has opposed it on many occasions, drawing the ire of CBI.[75]

2013 developments

In June, the Indian media (The Sunday Guardian) first published the interrogation report of David Headley done in 2010 in which he told the NIA officials that Ishrat was a part of the Lashkar module.[76]

In June 2013, India Today reported that Asif Ibrahim, the chief of the Intelligence Bureau (IB), had told the Prime Minister's Office and the Home Minister that the IB had "enough evidence" to prove that Ishrat Jahan belonged to an LeT module which planned to kill Narendra Modi and Lal Krishna Advani. India Today reported Ibrahim as telling the Government that David Coleman Headley had revealed this in his interrogation by the FBI.[24] The United States' Federal Bureau of Investigations had told the Indian Ministry of Home Affairs about Headley's claims on a "female suicide bomber named Ishrat Jahaan."[41] In a note on 13 October 2010, the NIA had said that Headley had told them Ishrat Jehan had been part of a "botched" operation run by the terrorist group.[77]

Headlines Today report

On 13 June 2013 Headlines Today, an English news channel and subsidiary of India Today group, revealed that Gujarat Chief Minister Narendra Modi and senior Bharatiya Janata Party (BJP) leader L.K. Advani were among the leaders who were on the hit-list of the alleged terrorists killed in an encounter with Gujarat Police in Ahmedabad on 15 June 2004. It also claimed that Ishrat Jahan was among the terrorists assigned to execute the plot. It released unsubstantiated audio tapes of the conversation of allegedly a LET commander and Javed Sheikh, a man killed in the encounter. The news channel also produced the letter of IB chief to CBI director, in which he said that David Headley also revealed that Ishrat Jahan was an LeT operative. However, Headley's confession to the FBI had already been dismissed as hearsay by the NIA[78][79]

On 14 June, the leaked tapes were produced as evidence before the Gujarat High Court by the counsel for the Gujarat Government, Tushar Mehta. However, the bench refused to consider them as evidence, asking Mehta to take them to CBI for investigation.[80]

A group of social activists alleged that the IB was selectively leaking tapes to the media in order to scuttle the CBI probe just 24 hours ahead of the scheduled hearing of the case in the Gujarat High Court. They also criticized the media for airing the telephone calls without any forensic tests or voice tests.[81]

Tehelka report

In June 2013, the Tehelka magazine published an exposé[82] that revealed that the CBI has in its possession an audio recording of a conversation between Gujarat's former Minister of State Praful Patel, senior IAS officer G C Murmu, and other top officials in a meeting called to chalk out a plan to safeguard the interests of the officers whose names could crop up in the investigation. The conversation was secretly recorded by a meeting attendee, Girish Laxman Singhal, one of the two accused police officers who have been arrested by the CBI in the case.[45]

Resignation of Vanzara

On 1 September 2013, Senior Gujarat Police Officer D G Vanzara resigned from IPS, blaming a lack of interest shown by the state government in rescuing him and other police officers jailed in police encounter cases. He sent his resignation from Sabarmati Jail. He is currently out on bail from 2015[83]

2014 developments

2014 CBI report

In May 2014, CBI filed a report before a special court in Ahmedabad that it did not have prosecutable evidence against former Gujarat Minister Amit Shah.[84]

The CBI Chargesheet

An excerpt of the CBI chargesheet[31] detailing the differences of CBI investigations with that of IB is given below.[85]

The Investigation revealed that in the last week of April 2004, Jishan Johar (deceased) on his arrival at Ahmedabad was taken into illegal custody by a joint team of accused Gujarat Police officers and SIB officers of Ahmedabad consisting of GL Singhal, Rajinder Kumar. Thereafter Jishan Johar was confined at house no. 164/165 in Gota Housing, near Vaishno Devi Crossing, off SG Highway, Ahmedabad and was put under audio-tap by Rajeev Wankhede, MK Sinha & T Mittal the SIB officers and the surveillance was maintained by CJ Goswami PSI, PG Waghela PSI, Hanubha Narsinh Dodiya HC and Zahir Ahmed PC.

Investigation revealed that on 26.05.2004, a team of DCB, Ahmedabad City, comprising of accused NK Amin, Tarun Barot and IK Chauhan with the assistance of Shri MK Sinha and Rajeev Wankhede, ACIOs of SIB, Ahmedabad abducted the deceased Amjadali from Gota Crossing on the outskirts of Ahmedabad. Investigation revealed that the above team of accused officers after abducting the deceased Amjadali, confined him in illegal custody at Arham Farm House from 26 May 2004 to 15 June 2004 early morning...

Investigation revealed that on 12 June 2004, accused N.K.Amin and Tarun Barot with the assistance of M.K.Sinha and Rajeev Wankhede, ACIOs of SIB, Ahmedabad, abducted Javed and Ishrat Jahan from Vasad Toll booth, District Anand, Gujarat, when they were travelling in the blue Indica car bearing registration no. MH 02 JA 4786. The above accused police officers and SIB officers took Javed and Ishrat Jahan to Khodiyar Farm, off SG Highway, Ahmedabad, and kept them in Illegal custody...

Shri DG Vanzara, Shri PP Pandey, Shri Rajinder Kumar and Dr NK Amin had met Javed and Ishrat Jahan during their illegal custody on different days and times. On 13 June 2004, Jishan Johar was shifted from Gota Housing confinement to Khodiyar Farm house by Shri Tarun Barot.

That on 13 June 2004 evening, Shri DG Vanzara, Shri PP Pandey and Shri Rajinder Kumar had discussed in the Bungalow No. 15, Duffnala, Shahibaug office chamber of Shri DG Vanzara about the further plan about elimination of the four detainees i.e. Jishan Johar, Amjadali, Javed and Ishrat and lodging a FIR showing their death in an encounter.

That on 14 June 2004, Shri GL Singhal had gone to the office of the SIB as per instructions of Shri DG Vanzara, and had collected weapons in a bag from SIB Office Ahmedabad. He had sent this bag through Shri Nizamuddin Burhanmiyan to Shri Tarun A Barot, who was at Khodiyar Farm...

The investigation revealed that, following accused officers had fired on the four deceased from their service weapons as detailed hereunder:

» NK Amin fired 5 rounds from his 9mm pistol;

» JG Parmar fired 4 rounds from his revolver;

» Tarun Barot fired 6 rounds from his revolver and 3 rounds from the revolver of IK Chauhan;

» Mohan Kalaswa fired 32 rounds from his AK-47 and 10 rounds from the AK47 of Commando Mohan Nanji; and

» Anaju Jiman Chaudhary fired 10 rounds from his Stengun.

The investigation revealed that the above firing had taken place in two successive stages. It is revealed that in the first round of firing, Sh. Tarun Barot and Mohan Kalaswa exhausted their ammunition and stopped firing. Thereafter for the second round of firing, they forcibly took away the weapons of IK Chauhan and Mohan Nanji respectively and Sh. Barot fired 3 rounds from the weapon of IK Chauhan while Mohan Kalasawa fired another 10 rounds from the weapon of Mohan Nanji Menat. Further Commando Mohan Kalasawa was made to fire several rounds from AK 56 rifle (planted on the Amjadali Rana), on the official Gypsy vehicle of Dr NK Amin. This AK 56 rifle was brought to the scene by Shri Tarun Barot. After firing from this weapon, it was placed near the dead body of Amjadali...

That the investigation conducted so far disclosed that the above said fake encounter was a result of Joint operation of Gujarat Police and SIB, Ahmedabad. In this operation the overt acts committed by the accused Gujarat Police officers have been established by the evidence on record. However, further investigation is in progress against the SIB officers namely Rajinder Kumar, MK Sinha, Rajeev Wankhede & T Mittal and others.

Therefore in view of the above facts and circumstances, the Investigating Agency CBI seeks permission of the Hon'ble Court to continue investigation against the SIB officers named above and others.

2016 developments

Allegations against an unnamed congress politician by one of the accused officers. In February 2016, one of the officers accused in the case, former Intelligence Bureau Special Director Rajinder Kumar, said he was pressured and offered "allurements" to implicate the then Gujarat Chief Minister Narendra Modi in the case in an attempt to defame Modi. He said there was a conspiracy against Modi led by a senior Congress leader from Gujarat.[86][87][88]

In an interview to another newspaper, Kumar said that the whole conspiracy was hatched by a Gujarat-based Congress leader.[89]

See also

References

  1. ^ a b c Desai, Darshan (9 July 2013). "Ishrat killing a fake encounter, says CBI". The Hindu. Retrieved 13 February 2016.
  2. ^ "Affidavit from home ministry - August 2008" (PDF). www.thewire.in. Government of India. Retrieved 3 July 2017.
  3. ^ "Ishrat Jahan case: Was forced to file second affidavit, burnt with cigarettes, says former under secretary". Firstpost. Retrieved 30 March 2016.
  4. ^ "Ishrat case: SC to hear plea for quashing action against Guj cops". Dailyexcelsior.com. 3 March 2016. Retrieved 30 March 2016.
  5. ^ "Ishrat Jahan was LeT operative, says David Headley". The Indian Express. 11 February 2016. Retrieved 30 March 2016.
  6. ^ Roxy Gagdekar (7 July 2011). "Ishrat SIT grills jail cop DG Vanzara for four hours". DNA. Retrieved 21 November 2011.
  7. ^ a b "Ishrat Jahan killed in fake police encounter: Probe". The Times of India. Retrieved 31 March 2016.
  8. ^ a b "Ishrat Jahan encounter was fake: SIT tells Gujarat HC". IBNLive. 21 November 2011. Retrieved 21 November 2011.
  9. ^ a b "Gujarat cops killed Ishrat Jahan in cold blood: SIT". Hindustan Times. 21 November 2011.
  10. ^ "Ishrat Jahan's encounter was staged by police and state Intelligence Bureau, says CBI". NDTV. 3 July 2013. Retrieved 3 July 2013.
  11. ^ "Ishrat was an innocent girl who was murdered, says family".
  12. ^ "CBI to steer clear of Ishrat's terror links". The Times of India. Retrieved 31 March 2016.
  13. ^ a b "Ishrat was working for us: Lashkar". The Indian Express. 15 July 2004. Retrieved 3 April 2016.
  14. ^ a b "Lashkar owns up Ishrat". The Times of India. 14 July 2004. Retrieved 13 February 2016.
  15. ^ a b "LeT mouthpiece says Ishrat a member". Rediff India. 15 July 2004. Retrieved 3 April 2016.
  16. ^ a b "LeT describes Ishrat as outfit's woman activist". Outlook India. 15 July 2004. Retrieved 3 April 2016.
  17. ^ a b c d Ishrat Jahan's link with Lashkar-e-Taiba not established through Jama'at-ud-Da'awa's website, 28 July 2004, archived from the original on 28 July 2004
  18. ^ a b c d e Abdullah Muntazir (2 May 2007), An apology to Ishrat Jahan’s family, archived from the original on 12 June 2007
  19. ^ a b Aasha Khosa (8 June 2007). "An intriguing apology from LeT". Business Standard. Retrieved 3 April 2016.
  20. ^ a b c "The Second Killing of Ishrat Jahan". The Wire. 2 March 2016. Archived from the original on 31 March 2016. Retrieved 3 April 2016.
  21. ^ "Ishrat Jahan was an LeT Fedayeen: Headley". The Times of India. 5 July 2010. Retrieved 21 November 2011.
  22. ^ a b "NIA rubbishes reports that David Headley spoke about Ishrat Jahan". DNA. 12 May 2011. Retrieved 21 November 2011.
  23. ^ Aman Sharma (12 June 2013). "Ishrat Jahan fake encounter case: IB heartburn over CBI summons". Economic Times.
  24. ^ a b Mahurkar, Uday (14 June 2013). "IB chief does what the Congress didn't want, counters CBI on Ishrat case". India Today. Retrieved 3 July 2013.
  25. ^ Live, IBN (11 February 2016). "David Headley names Ishrat Jahan as LeT operative during deposition in court - IBNLive". IBNLive.
  26. ^ "David Headley Says Ishrat Jehan Was A Lashkar Member - NDTV News". NDTV. 11 February 2016.
  27. ^ a b "26/11 case: David Headley claims he told NIA about Ishrat Jahan". Indian Express. 26 March 2016.
  28. ^ a b "I have no personal knowledge about Ishrat Jahan: David Headley". Economic Times. 26 March 2016.
  29. ^ a b "'Ishrat was working for us: Lashkar'". 'Express India/Indian Express'. 14 July 2004.
  30. ^ a b "True identity of Johar, Rana still unknown". The Times of India. 9 September 2009. Archived from the original on 11 July 2012. Retrieved 22 November 2011.
  31. ^ a b "Exclusive: The full text of the CBI's Ishrat Jahan chargesheet". Firstpost. 19 July 2013. Retrieved 24 April 2016.
  32. ^ "'Amjad Ali had come to Ahmedabad for terror act'". The New Indian Express. 6 July 2013.
  33. ^ "Gujarat crime branch had fired 70 rounds at Ishrat, others". The Times of India. 4 July 2013.
  34. ^ a b c d e f Chandan Haygunde; Shaju Philip (22 November 2011). "Now, I can live without stigma". The Indian Express. Retrieved 22 November 2011.
  35. ^ "Ishrat Jahan a terrorist, says Gujarat govt". Hindustan Times. 8 September 2009. Retrieved 13 February 2016.
  36. ^ a b c Ujjwala Nayudu (21 November 2011). "A bright teen who smiled all day, mischievous yet understanding". The Indian Express. Retrieved 21 November 2011.
  37. ^ "Police exposed, hope to get justice now". The Indian Express. 23 November 2011. Retrieved 23 February 2013.
  38. ^ a b "Ishrat's last call to sister: Strange men trailing me". The Telegraph. 9 September 2009. Retrieved 23 February 2013.
  39. ^ "Wanted: Butt, Muzammil". CBI.
  40. ^ a b c Swami, Praveen (13 July 2013). "Ishrat Jahan: The inconvenient story no one wants to tell". Firstpost. Retrieved 13 February 2016. Republished 11 February 2016.
  41. ^ a b Ishrat Jahan was an LeT suicide bomber: Headley to NIA NDTV – 5 July 2010
  42. ^ a b c "Javed Sheikh's journey to death". The Hindu. 13 October 2009. Retrieved 15 February 2016.
  43. ^ "Pranesh Pillai's father says his son got justice". Deccan Chronicle. 22 November 2011. Retrieved 22 November 2011.
  44. ^ a b "File Charge Sheet In Ishrat Jahan Case By July 4: Court To CBI". Retrieved 4 July 2013.
  45. ^ "The Hindu : Front Page : Gujarat Lashkar conspiracy was infiltrated by Intelligence mole". Retrieved 31 March 2016.
  46. ^ a b c d e VOA News Archived 11 September 2009 at the Wayback Machine
  47. ^ a b c d "Ishrat Jahan killing also a fake encounter: probe report". The Hindu. Retrieved 31 March 2016.
  48. ^ Rana Ayyub (26 September 2009). "The Death Of A Family". Tehelka. Vol. 6, no. 38.
  49. ^ a b Ishrat Jahan's killing staged: Judicial probe report Archived 11 September 2009 at the Wayback Machine
  50. ^ a b "Ishrat Jahan encounter is fake, judicial probe". Deccan Herald. Retrieved 31 March 2016.
  51. ^ "Gujarat Govt to Challenge Ishrat Jahan Report". Outlook. 8 September 2009. Retrieved 3 April 2016.
  52. ^ a b Ishrat Jahan's link with Lashkar-e-Taiba not established through Jama'at-ud-Da'awa's website, 23 August 2004, archived from the original on 24 August 2004
  53. ^ Thousands turn out to bid Ishrat farewell. The Times of India article dated 20 June 2004.
  54. ^ Leena Misra. There's a hollow ring to encounter stories in Gujarat
  55. ^ a b c d PUCL. A report of the all India fact finding team on the ‘encounter' of four alleged terrorists by Gujarat police on 15 June 2004 at Ahmedabad. July 2004.
  56. ^ "Ishrat Jahan encounter is fake, says judicial probe". Retrieved 31 March 2016.
  57. ^ "Gujarat maintains Ishrat Jahan a terrorist". The New Indian Express. Retrieved 31 March 2016.
  58. ^ "Gujarat HC stays Tamang report on Ishrat encounter - Times of India". Timesofindia.indiatimes.com. Retrieved 30 March 2016.
  59. ^ "Gujarat High Court stays Tamang report". The Hindu. 10 September 2009. Retrieved 30 March 2016.
  60. ^ "Gujarat HC stays Tamang report on Ishrat encounter - TIMESNOW.tv - Latest Breaking News, Big News Stories, News Videos". Timesnow.Tv. Retrieved 30 March 2016.
  61. ^ "Tamang report illegal, says Gujarat - NATIONAL". The Hindu. 10 September 2009. Retrieved 30 March 2016.
  62. ^ Sreenivasan Jain (with inputs Niha Masih, Rohit Bhan, Rashmi Rajput, Imtiaz Jaleel) (7 July 2013). "Ishrat Jahan encounter: Unanswered questions". NDTV.com. Retrieved 31 March 2016.{{cite web}}: CS1 maint: multiple names: authors list (link)
  63. ^ "HC picks holes in Tamang report - Times of India". Timesofindia.indiatimes.com. 12 August 2010. Retrieved 30 March 2016.
  64. ^ Ujjwala Nayudu, Ishrat: 19 cops under SIT scanner, to be quizzed. The Indian Express, 7 January 2011.
  65. ^ Ujjwala Nayudu , Ishrat: Experts from Delhi to reconstruct encounter. The Indian Express, 13 March 2011.
  66. ^ "Board of experts misinterpreted parameters in Ishrat case: SIT". Jagron post. 19 December 2011. Retrieved 1 March 2013.
  67. ^ "Ujjwala Nayudu, Top cop Pandry, now on the run, plotted Ishrat Jahan encounter with IB man". Indian Express. 5 May 2013. Retrieved 5 May 2013.
  68. ^ "Why is the Congress playing Safe on fake Encounters?". Tehelka Magazine, Vol 9, Issue 45. 10 November 2012.
  69. ^ "Ishrat Jahan fake encounter: CBI arrests Gujarat police officer". The Times of India. 23 February 2013.
  70. ^ "CBI arrests first IPS officer in Ishrat fake encounter". Hindustan Times. 21 February 2013. Retrieved 22 February 2013.
  71. ^ "IPS officer gets bail in encounter case". Deccan Herald. 27 May 2013. Retrieved 6 June 2013.
  72. ^ a b "Ishrat Jahan fake encounter case: IPS officer DG Vanzara arrested by CBI from jail". DNA India. 4 June 2013. Retrieved 6 June 2013.
  73. ^ "Ishrat Jahan fake encounter: IPS officer DG Vanzara remanded in CBI custody". DNA India. 5 June 2013. Retrieved 6 June 2013.
  74. ^ "IB chief does what the Congress didn't want, counters CBI on Ishrat case". India Today. 14 June 2013. Retrieved 16 June 2013.
  75. ^ Abhinandan Mishra. "NIA note claimed Ishrat was with LeT". Sunday-guardian.com. Retrieved 30 March 2016.
  76. ^ Swami, Praveen (16 July 2013). "Leaked NIA document indicates cover up in Ishrat Jahan case". First Post. Retrieved 16 July 2013.
  77. ^ "NIA rubbishes reports that David Headley spoke about Ishrat Jahan | Latest News & Updates at Daily News & Analysis". Dnaindia.com. 12 May 2011. Retrieved 18 August 2014.
  78. ^ "Lashkar-e-Taiba plot to kill Narendra Modi unveiled-Headlines Today". 13 June 2013. Retrieved 14 June 2013.
  79. ^ "Ishrat Jahan case: HC raps Gujarat govt, says nobody has licence to kill".
  80. ^ "Activists say IB trying to scuttle CBI probe in Ishrat case".
  81. ^ "[Exposé] Ishrat Jahan encounter: CBI probe nails IB officer's role-Tehelka.com". Retrieved 22 June 2013.
  82. ^ "DIG Vanjara out on bail". Retrieved 5 February 2015.
  83. ^ "CBI gives Clean Chit to Amit Shah in 2004 Ishrat Jahan Encounter Case". news.biharprabha.com. Retrieved 7 May 2014.
  84. ^ "Rogue Agency?". 20 July 2013. Retrieved 18 October 2013.
  85. ^ "Congress leader from Gujarat conspired to implicate Narendra Modi in Ishrat Jahan case: Ex-IB officer". 13 February 2016. Retrieved 13 February 2016.
  86. ^ "Was given 'allurements' to falsely implicate Modi, says IB director Rajendra Kumar on Ishrat case". ANI. 13 February 2016. Retrieved 13 February 2016.
  87. ^ "A Congress leader from Gujarat knew about Ishrat Jahan's reality: Former IB chief Rajendra Kumar". Abplive.in. Retrieved 1 April 2016.
  88. ^ "I am a victim of UPA's political encounter: Ex IB officer | Sunday Guardian". Sundayguardianlive.com. Retrieved 30 March 2016.