CBI develops cold feet in Ishrat case, cites inadequate evidence to chargesheet IB officers

NEW DELHI: After investigating the role of senior Intelligence Bureau officers in the Ishrat Jahan and Sadiq Jamal fake encounter cases for nearly a year and questioning them multiple times, one set of CBI investigators have now taken a view that there is inadequate evidence to chargesheet them and departmental action against them could be sufficient.

CBI Director Ranjit Sinha has received divergent opinions from the members of the probe team on whether retired IB Special Director Rajender Kumar and his three deputies can be chargesheeted. “There is a very strong view from a set of the probe officers that there is no prosecutable evidence to chargesheet the IB officers on charges of murder and conspiracy. It is being contended that the IB officers were only conducting a controlled operation to nab terrorists and had no personal enmity... In such a case, departmental action to be taken by the IB on CBI’s recommendation would be sufficient in this matter,” a senior CBI official told ET.

It is, however, believed that CBI Special Director Saleem Ali, who was supervising the Ishrat probe and retired on November 30, has given his opinion that the IB officers should be chargesheeted. “The files are now with the CBI director who will take a final call after consulting the director of prosecution. If there is a dispute between them as well, the matter will go for legal vetting to the Attorney General,” the senior CBI official said.

What could complicate matters further is that the CBI is also planning to take prior prosecution sanction from the Union home ministry if chooses to prosecute the IB officers.