Ishrat Jahan encounter case: No evidence to prosecute former IB officer, says MHA #WTFnews


Vicky Nanjappa

 

New Delhi, June 8: There seems to be a twist in the tale in the Ishrat Jahan encounter case. The Home Ministry for the want of evidence has not granted permission to prosecute former Intelligence Bureau official Rajinder Kumar.

According to Central bureau of Investigation (CBI), the killing of Jahan and three others in a fake encounter in 2004 was result of joint conspiracy of Gujarat police and the IB.

 

 

 

The Central Bureau of Investigation which was handed over the case had sought sanction from the Home Ministry to prosecute Kumar, but the same was denied for the want of evidence. [MHA seeks more info from CBI on Ishrat fake encounter case]

The Ishrat Jahan case had snow balled into a controversy with several persons stating that she was not a terrorist and the killing by the Gujarat police was part of a fake encounter. CBI allegation against Rajinder Kumar: The CBI had filed a supplementary chargesheet in which it had named former IB officer Kumar. The CBI had accused Kumar and other officers of murder.

The chargesheet even questioned the authenticity of the operation and termed the killing as fake and stage managed. This claim was however, contested by several police officials and even Kumar terming the CBI probe as wrong.

The CBI had alleged that Kumar provided the weapons for the encounter. It was alleged that at the scene of the killing the officers had planted an AK-56 to make it appear as though the encounter was genuine. Ishrat Jahan a 19 year old girl was killed along with three other men at Gujarat in the year 2004.

The police had claimed that there was intelligence reports suggesting that all four of them were part of a terrorism plot aimed at assassinating Narendra Modi. What Kumar had said: Rejecting the allegations made by the CBI, Kumar had termed the entire case filed against him and others as false.

There was specific intelligence about the four persons including Ishrat, he had said. All of them were part of a terror plot and hence action had to be taken. We are all human beings and do not target innocent persons he had said. He had also told the CBI that there was no criminality in the action taken by all of them. The entire operation was bonafide, he had also said. I have done a lot to protect national interest and this was a counter terrorism operation he also said.

Read more at: http://www.oneindia.com/india/ishrat-jahan-encounter-no-evidence-prosecute-former-ib-officer-says-mha-1770927.html

Malicious Reporting on Ishrat Jahan Case #HT


 

To,

The Editor,

Hindustan Times

 

On the day the CBI is set to file its chargesheet in the Ishrat Jahan fake encounter case,Hindustan Times has chosen to report about it in a manner that is malicious, prejudicial and intended to manipulate public opinion. The report, “ ‘Ishrat Jahan had links with Kashmir Separatists’: CBI” by Mahesh Langa and Abhishek Sharan in the Delhi/ Ahmedabad edition of the newspaper is nothing short of defamatory. The headline attributes this ‘information’ to the CBI whereas in the text of the report, it is said that two of those killed along with Ishrat “were associated with secessionist groups in Kahsmir”. Clearly, the CBI is not saying that Ishrat had any links with any group. This is a deliberate misrepresentation and a cheap trick to make connections where none exist in order to tarnish the reputation of a deceased girl who is no longer present to defend herself.

We are in possession of the original article written by HT Correspondent Mahesh Langa, which was also carried in the Ahmedabad edition of Hindustan Times as “Ishrat case: What the Chargesheet is Likely to reveal” which does not attempt to make any such a spurious connection.

 

From where then did this headline emerge in the Delhi edition? Why this attempt to taint her with the ‘terror’ tag through false and sensationalist headlines, especially on a day when the battle for justice enters a crucial phase with the CBI expected to file its chargesheet. It can hardly be seen as an innocent oversight given the fact that a concerted campaign to malign Ishrat’s reputation has been central to those trying to obstruct justice and the process of law.

 

The Hindustan Times needs to issue an unconditional apology to the family of Ishrat Jahan, printed in the same large and bold font as the headline of the report today. Such sensationalism violates all codes and ethics of reporting and journalism and is liable to invite action by Press Council and other statutory bodies as well as criminal liability

Vrinda Grover

Lawyer for Shamima Kauser

(Mother of deceased Ishrat Jehan)
Vrinda Grover
Advocate

N14A, Saket
New Delhi 110017
91 9810806181

 

#India – Narendra Modi Slide Show to woo Muslims


MODI1

Shaheen Khan Naqshbandi

So Modi Ji is now wooing Muslims. Hmm. Interesting!

At a function yesterday, Modi Ji agreed to see a PowerPoint Presentation
about Muslims of Gujarat. I cannot help but wonder whether the PowerPoint
Presentation had the following Slides:

1)…a slide where, during the riots, he said, “Hinduoon ko apni badaas
nikaalne do”.

2)…a slide where he was in Police Control Room listening to everything and
doing nothing to stop the riots.

3)…a slide where ‘Safed Daadhi’ gave the approval to Vanzara to kill
scores of innocent Muslims like Ishrat Jahan in cold-blood.

4)…a slide where he ridiculed young Muslim boys as being future ‘garage
mechanics’.

5)…a slide where he called Muslims with the prefix “Mian” in contempt.

6)…a slide where no Muslim candidate was given ticket in the Assembly
elections.

7)…a slide where he refused to put on the Muslim cap, while he puts on
headgears of all other ethnicities and communities in his functions.
… a slide where tens of thousands of Muslims have still not been
rehabilitated even after 10 years of riots.

9)…a slide where ghettos where Muslim were forced to live after riots are
ignored by municipality.

10)…a slide where Modi fought a case in High Court against granting
scholorship to poor Muslim students.

11)…a slide where Maya Kodnani was promoted to Minister of State for Women
& Child Development AFTER she sucessfully conspired to kill 97 Muslims, MOST
of who were Women & Children

………

The SlideShow without these slides is simply incomplete in order to depict
the LOVE & RESPECT that Modi Ji has for Muslims.

 

Narendra Modi- Can’t get away with murder #ishratjahan


June 18, 2013

Manoj Joshi, The Hindu

MISSING LINKS:Officers of forensic and intelligence agencies reconstructing the Ishrat Jahan encounter case on the outskirts of Ahmedabad. —PHOTO: PTI

MISSING LINKS:Officers of forensic and intelligence agencies reconstructing the Ishrat Jahan encounter case on the outskirts of Ahmedabad. —PHOTO: PTI

The Ishrat Jahan encounter case is like the proverbial can of worms whose contents have already spilled out. Not only has it shone the spotlight on the ruthless and, possibly, illegal manner in which the police and intelligence agencies fight terrorism, it has also exposed the Narendra Modi government’s poor record of managing the Gujarat police. And now, it has created schisms within the State police force, and between the Intelligence Bureau (IB) and the Central Bureau of Investigation (CBI).

At the outset, some plain facts: first, fake “encounter killings” — the term used for extrajudicial execution of criminals and alleged terrorists by the police — are not unique to Gujarat. Hundreds of them take place across the country and the policemen involved are often feted as “encounter specialists” whereas, in fact, what they specialise in is the cold-blooded and completely illegal executions of unarmed persons.

Second, there is no exemption for anyone in India’s security set-up to carry out extra-judicial executions. In other words, there is no Armed Forces (Special Powers) Act (AFSPA) which indemnifies the State police, politicians or Central intelligence officials from killing alleged terrorists without judicial due process.

To harm Modi

Writing on his website earlier this month, the BJP leader, Arun Jaitley, reiterated the Gujarat police account that the Ishrat group was out to assassinate Mr. Modi and, based on information provided by the IB, it was intercepted and its four members killed in the encounter; after backing the State police version, the Union government changed tack and was now trying to use the case to attack the BJP.

A few “disgruntled police officials” formed the core of the CBI’s case and an effort was being made to target BJP ministers like Amit Shah and Gulab Chand Kataria of Rajasthan with the eventual aim of hitting at Mr. Modi. Now, the Union government had taken it a step further by undermining the IB in its pernicious campaign to harm Mr. Modi and the BJP.

Mr. Jaitley, also the former Union Law Minister during National Democratic Alliance rule, has not said much about the other extra-judicial killings in Gujarat. A Supreme Court mandated Special Task Force headed by a retired Justice H.S. Bedi is investigating 16 encounters that took place between 2003-2006 in Gujarat. In most of the encounters, those killed were alleged to be targeting Mr. Modi and other top BJP ministers in the State. This was the accusation against Sameer Khan Pathan, Sadiq Jamal, Mahendra Jadav, Ganesh Khunte, Sohrabuddin Sheikh, Tulsi Prajapati, Ishrat Jahan, Javed Sheikh (aka Pranesh Pillai), Zeeshan Johar and Amjad Ali Rana. It is another story that most were petty criminals and there is no real evidence that they were out to kill Mr. Modi.

As for Ishrat and her companions, there is considerable mystery about their antecedents and how they came together. As Mr. Jaitley points out, the Lashkar-e-Taiba (LeT) journal, Ghazwa Times , acknowledged her as a cadre, and later withdrew its claim. News leaks claim that the LeT operative, David Coleman Headley (Daood Gilani), had told the Federal Bureau of Investigation (FBI) that Ishrat had been recruited by the LeT and that this fact had been communicated to the Indian intelligence, or the National Intelligence Agency (NIA). But there is no reference to Ishrat in the NIA’s report of Headley which was made available to the media and which did have some references to other LeT plots that Headley was aware of. There is something to the issue though since G.K. Pillai, the Union Home Secretary in 2009, acknowledged an affidavit of his ministry to the Gujarat High Court that said there was intelligence information that Ishrat and her companions were terror suspects. More recently, in 2011, Mr. Pillai had reiterated that he stood by the IB tip that linked Ishrat Jahan to an LeT module.

But whether or not Ishrat and her group were terrorists is not the issue. What the Gujarat police officials are being charged with is extra-judicial killing. There are no exemptions in the law for carrying out fake encounters even if the targets are terrorists. The IB is not exempt from the operation of the law of the land either. Mr. Jaitley, of all people, should know that only the judiciary has the right to order an execution, and, after due process.

The ugly truth is that the Gujarat government cynically used the instrument of extra-judicial executions to burnish their own anti-Muslim credentials. In the process, their police officials and, possibly, their ministers, have broken the law. The behaviour of Gujarat police officers such as D.G. Vanzara among others was perhaps most brazen because of the protection they felt that they had from the then Home minister Amit Shah, and, possibly, Mr. Modi. Murder is a very grave charge, and it is far more serious when those accused of it are officials or ministers of the government sworn to uphold the law of the land. Whether or not the police officials who have given the CBI evidence of the wrongdoings of the Gujarat police officers are disgruntled doesn’t really matter. What matters is the truth, and the legal consequences thereafter.

Then there is the issue of the IB. Whether or not Rajendra Kumar, the IB Joint Director in Gujarat, crossed a legal threshold can only be determined through further investigation, and may eventually have to be dealt with by the courts. But there has been something deeply disturbing about the manner in which India’s internal intelligence agency has worked on some terrorism cases in the past. There are several incidents — the Ansal Plaza “encounter” of 2002, or the 2006 attack on the Rashtriya Swayamsevak Sangh (RSS) headquarters, to name just two — which appear to have been staged for domestic political effect, rather than any other purpose. Incidentally, one of the incidents was during the rule of the National Democratic Alliance (NDA), and the other, the United Progressive Alliance (UPA).

Independent body

There are no independent means of verifying whether the IB stays within the red lines of the law when it gathers intelligence information or processes and forwards it to State police forces because there is no oversight mechanism to ensure that. Alone among the democracies, India keeps its intelligence agencies away from parliamentary oversight and, indeed, there is little or no internal oversight either. Likewise, short of recourse to the courts, there are no means available to the citizen to take up the issue of police excesses. The result is the persistence of a culture of impunity among the police and intelligence authorities.

Hopefully, on the issue of the Gujarat extra-judicial killings, the courts will weigh the evidence that the SIT and CBI have gathered. Those accused will have the opportunity to respond, and the courts will weigh the evidence and pronounce their verdict. But given the gravity of the charges, there must be some greater takeaway for our security set-up. First, there is the need for a mechanism to ensure that charges of police excesses are quickly investigated and dealt with. Second, terrorism or no terrorism, the intelligence agencies of the country need to function within the law, and this is not something that can be done on the basis of self-certification, but a fact established through an independent, internal inspectorate, as well as a larger parliamentary oversight system.

(Manoj Joshi is Distinguished Fellow, Observer Research Foundation and a member of the National Security Task Force 2011-2012, whose recommendations are before the Cabinet Committee on Security.)

The new twists in the Ishrat Jahan encounter case highlight the need for parliamentary oversight of intelligence agencies

 

Mod lies EXPOSED #fakencounter-Ishrat Jahan case: Gujarat HC satisfied with CBI probe #goodnews


PTI

Gujarat High Court on Friday expressed satisfaction about the progress made by CBI in the investigation of Ishrat Jahan fake encounter case, and ordered it to submit the next progress report by May 9.

CBI, ordered by the HC to take over the probe in December 2011, on Thursday submitted a progress report in a sealed cover.

On Friday, the division bench of Justices Jayant Patel and Abhilasha Kumari said the pace and direction of the probe were satisfactory. “It looks like in past two months CBI has made a substantial progress,” the judges said.

At the last hearing in January, when CBI submitted its first report, the court wasn’t much happy and decided to monitor the probe.

Subsequently, CBI arrested four Gujarat police officers: IPS officer Girish Singhal, deputy superintendent of police Tarun Barot, inspector Bharat Patel and retired deputy superintendent of police J.G. Parmar.

Ishrat Jahan, who hailed from Mumbra near Mumbai, Javed Shaikh alias Pranesh Pillai, Zeeshan Johar and Amjadali Rana were killed by the Gujarat police in an encounter on June 15, 2004 on the outskirts of Ahmedabad.

During the hearing, the state government’s lawyer raised the issue of sending back Gujarat-cadre IPS officer Satish Verma, who had been asked by the HC to join the CBI probe despite the state government’s objection.

Mr. Verma was a part of the Special Investigation Team constituted by the HC in this case; he was the first to say in his report that Ishrat and others were killed in a fake encounter.

“We need him urgently as he is one of the senior and experienced officer of the state police,” Government Pleader Prakash Jani said. Mr. Verma could be sent back to state service as CBI had now made a substantial progress in probe, he said.

“As per this court’s order dated January 11, 2013, Mr. Verma’s services for this case were allowed only for three months,” he said.

But the bench, while rejecting CBI’s request for continuing Mr. Verma’s deputation for four months, said he can continue to assist CBI till April-end, and by then CBI should get done whatever it wanted him to do for the probe.

“From May 1, 2013 Satish Verma should return to the state government,” the HC said, fixing the next hearing on May 10.

 

Ishrat Jahan fake encounter: CBI arrests first IPS officer #Justice #Gujarat


Mahesh Langa, Hindustan Times
Ahmedabad
(21/2/2013)

Shamima Kausar along with other relatives collect the body of her daughter Ishrat Jahan from Civil Hospital in Ahmedabad. CBI arrested IPS officer GL Singhal in connection with the fake encounter case. AFP/Sam Panthaky/Files

The Central Bureau of investigation on Thursday arrested Gujarat IPS officer GL Singhal in connection with the Ishrat Jahan fake encounter case.

Ishrat, a 19-year-old college science student, and three others were allegedly killed by Ahmedabad Crime Branch in an encounter on June

15, 2004.Police though maintain that Ishrat, Javed Sheikh alias Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar were members of the Lashkar-e-Taiba, on a mission to kill chief minister Narendra Modi.

Over 20 policemen, including senior IPS officers, are allegedly involved in the fake encounter.

In September 2009, Ahmedabad metropolitan magistrate SP Tamang called the encounter fake. He recommended lodging of cases against 22 police officials.

The Gujarat high court in August 2010 asked the Supreme Court-appointed special investigation team headed by former CBI director RK Raghavan to take up the Ishrat case.

Singhal, a promoted IPS officer, was assistant commissioner of police with Crime Branch and was allegedly part of the team which kiled Ishrat and three others.

He is one of the key accused in the case besides DG Vanjara, who is already in jail in connection with Sohrabuddin fake encounter case, and PP Pande, presently additional DGP of Gujarat Police.

The SIT named around 20 policemen including three IPS officials in the complaint lodged with the central agency as per the HC directive.

While handing over the case to the central agency, the HC benched had remarked that the case was “exceptional and had national ramification.”

The court had also held that the Gujarat Police could not be trusted to carry out impartial probe in the case.

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