Ishrat Jahan's Mother Challenges Gujarat Govt's Refusal Of Sanction To Prosecute Vanzara, Amin

The Gujarat government's refusal to grant sanction to prosecute former IPS officers and key accused DG Vanzara and Narendra Amin, in the Ishrat Jahan fake encounter case has been challenged before a Special CBI court in Ahmedabad.

In her application before the Special Judge for CBI cases, Mirzapur, Ahmedabad, Ishrat's mother Shamima Kausar has contended that the rejection of sanction for prosecution of the two key accused will have far-reaching consequences and hinder the trial court's proceedings.

"The Order refusing sanction for prosecution will have far-reaching consequences, not only with regard to Vanzara and Amin but will also impinge on the merits of the case as the charge-sheet shows that both are a part of a criminal conspiracy in pursuance of which the applicant's daughter (Ishrat) was murdered," Kausar said in the application filed by advocate Vrinda Grover.

The application pointed out the special court on August 7, 2018, had rejected applications for discharge filed by Vanzara and Amin on the grounds that there "exists prima-facie evidence of their participation and involvement in the conspiracy to illegally abduct, confine and murder Ishrat Jahan".

"In Orders dated 7.8.2018 this Court rejected the theory that the applicant's daughter was killed in an encounter and held that the charge-sheet prima-facie showed that the encounter was staged.

"It is the case of the CBI that the accused police officials, including Vanzara and Amin hatched a criminal conspiracy and abducted, held in illegal custody and detention and then in cold blood killed Ishrat Jahan and 3 others.

"The CBI has consistently maintained and stated before this Court that in the present case, there is no legal requirement of prior sanction under Section 197 Cr.P.C, to prosecute the accused police officers including Vanzara and Amin," she said in the application.

Asking for a copy of the order of the refusal, Kausar pleaded to be heard on the matter of refusal of grant of sanction for prosecution of the two key accused.

Meanwhile, both Vanzara and Amin, citing the state government's refusal to grant sanction for prosecution, have moved applications for dropping of proceedings against them in the alleged fake encounter case.

A resident of Mumbra near Mumbai, Ishrat Jahan, along with three others, was gunned down by the Gujarat Police in the outskirts of Ahmedabad on June 15, 2004, which had claimed they had terror links and were conspiring to kill then Gujarat Chief Minister Narendra Modi.

The Gujarat High Court-appointed special investigation team (SIT) subsequently stated the encounter was staged and the investigations were handed over to the CBI. 

Read the application here