CBI Charge Sheet in Ishrat Jahan case and what it really means: Mukul Sinha

Mukul Sinha

Mukul Sinha
Eminent lawyer and civil rights activist. The post is taken from his recent facebook update.

This is the operative part of the charge sheet that CBI filed before the Special CBI Court in Ahmedabad. It details the entire conspiracy as revealed till now. CBI has stated that it will file a supplementary charge sheet based on its further investigation about the role of IB and others in about a month’s time.

Here are the highlights of this charge sheet

  1. Rajinder Kumar and GL Singhal assisted in managing the illegal custody of Jishan Johar in the last week of April.
  2. Jishar Johar was confined at house no. 164/165 in Gota Housing, near Vaishno Devi Crossing, Off SG Highway, Ahmedabad
  3. Jishan Johar was put under audio-tap by Rajeev Wankhede, M.K. Sinha & T. Mittal, all SIB (Subsidiary Intelligence Bureau) officers.
  4. On 26.05.2004, N.K. Amin, Tarun Barot and I.K. Chauhan with assistance of M.K. Sinha and Rajeev Wankhede abducted Amjadali from Gota Crossing on the outskirts of Ahmedabad
  5. Amjadali was confined at Arham Farm House. (Sohrabuddin and his wife Kausarbi were also confined here in November 2005 before being killed separately)
  6. On 12.06.2004, N.K Amin and Taru Barot with assistance of M.K. Sinha and Rajeev Wankhede abducted Javed and Ishrat Jahan from Vasad Toll Booth, District Anand, Gujarat along with their Blue Indica Car. (We have a strong suspicion that they were actually in soft custody since the morning of 11.06.2004)
  7. Ishrat and Javed were confined in Khodiyar Farm, Off SG Highway, Ahmedabad.
  8. Rajinder Kumar, DG Vanzara, PP Pandey and Dr NK Amin had met Javed and Ishrat during their illegal custody.
  9. On 13.06.2004 evening, DG Vanzara, PP Pandey and Rajinder Kumar had discussed in the Bungalow No. 15 Duffnala, Shahibaug in Vanzara’s office about the further plan about elimination of the four detaineees.
  10. On 14.06.2004, GL Singhal had gone to the office of SIB as per instructions of DG Vanzara to collect weapons.
  11. On 14.06.2004 afternoon at around 1500 Hrs, GL Singhal was called by DG Vanzara at Bungalow No. 15, Shahibaug where DH Goswami was also present. Vanzara had already drafted a complaint.
  12. On 14.06.2004, at 2300 Hrs, DG Vanzara had convened a meeting at Bungalow No. 15 with the accused officers and briefed them about the plan according to the draft complaint.
  13. On 15.06.2004 at 0400 Hrs Javed, Jishan Johar and Ishrat Jahan were brought from Khodiyar Farm house to the scene of the crime i.e. Kotarpur Water Works by the Blue Indica Car
  14. Javed was shifted to driver’s seat from the rear seat.
  15. B.A. Patel along with Motibhai Taljabhai drove Amjadali to the Scene of Crime and was made to stand behind the road divider at the rear side of the parked Indica Car.
  16. Immediately after the arrival of all the four detainees, N.K Amin, Tarun A Barot, J.G. Parmar, Mohanbhai Lalabhai Kalaswa, Anaju Jhiman Chaudhary opened fire on the detainees in the car and on the road divider from there official weapons resulting into the death of all four detainees.
  17. Commando Mohan Kalasawa was made to fire several rounds from AK56 Rifle on the official Gypsy Vehicle of Dr NK Amin.
  18. This AK56 rifle was placed near the dead body of Amjadali.

The entire text of the operative charge sheet is reproduced here:

Investigation revealed thatthe encounter was the joint operation of I.B. and Gujarat Police.

CBI and Ishrat JahanInvestigation disclosed thatthe passive agents namely C1 and C2 engaged by Shri Rajinder Kumar and G.L.Singhal assisted them in managing the illegal custody of the deceased JishanJohar. The Investigation revealed that in the last week of April 2004, JishanJohar (deceased) on his arrival at Ahmedabad was taken into illegal custody bya joint team of accused Gujarat Police officers and SIB officers of Ahmedabadconsisting of G.L.Singhal, Rajinder Kumar. Thereafter Jishan Johar was confinedat house no. 164/165 in Gota Housing, near Vaishno Devi Crossing, off SGHighway, Ahmedabad and was put under audio-tap by Rajeev Wankhede, M.K.Sinha& T.Mittal the SIB officers and the surveillance was maintained byC.J.Goswami PSI, P.G.Waghela PSI, Hanubha Narsinh Dodiya HC and Zahir AhmedPC.

Investigation revealed thaton 26.05.2004, a team of DCB, Ahmedabad City comprising of accused N.K.Amin,Tarun Barot and I.K .Chauhan with the assistance of Shri M.K.Sinha and RajeevWankhede, ACIOs of SIB, Ahmedabad abducted the deceased Amjadali from GotaCrossing on the outskirts of Ahmedabad. Investigation revealed that the aboveteam of accused officers after abducting the deceased Amjadali, confined him inillegal custody at Arham Farm House from 26.05.2004 to 15.06.2004 earlymorning. This place was arranged by Shri JG Parmar (then PI, Crime Branch).Shri BA Patel, Shri BA Chavda, Shri RI Patel, Moti Talja Desai, GovindsinhMalubha, Jagdish Alveshwar and Bharatsinh Dolatsinh of Crime Branch, AhmedabadCity had kept a watch on Amjadali at Arham Farm. S/Shri DGVanzara, Rajinder Kumar, NK Amin and GL Singhal had met Amjadali at Arham Farmduring his confinement. Amjadali had stated that he had come to Ahmedbad with aplan to commit a terrorist act at some crowded location in Ahmedabad. (Note: This statement was allegedly taken by the police from Amjadali during illegal confinement in Arham Farm)

Investigation revealed that on12.06.2004, accused N.K.Amin and TarunBarot with the assistance of M.K.Sinha and Rajeev Wankhede, ACIOs of SIB,Ahmedabad, abducted Javed and Ishrat Jahan from Vasad Toll booth, DistrictAnand, Gujarat when they were travelling in the blue Indica car bearingregistration no. MH 02 JA 4786. The above accused police officers and SIBofficers took Javed and Ishrat Jahan to Khodiyar Farm, off SG Highway, Ahmedabad and kept them in Illegalcustody. This place was arranged as per instructions of Shri DG Vanzara by ShriKS Desai, then PSI in Crime Branch. Shri Tarun Barot along with his subordinatepolicemen Shri Nizamuddin Burhanmiyan and Shri Avnishkumar VishwanathsinhThakur had kept watch there. Shri DG Vanzara, Shri PP Pandey, Shri RajinderKumar and Dr NK Amin had met Javed and Ishrat Jahan during their illegalcustody on different days and times. On 13.06.2004, Jishan Johar was shiftedfrom Gota Housing confinement to Khodiyar Farm house by Shri Tarun Barot.

That on 13.06.2004 evening,Shri DG Vanzara, Shri PP Pandey and Shri Rajinder Kumar had discussed in theBungalow No. 15, Duffnala, Shahibaug office chamber of Shri DG Vanzara aboutthe 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 14.06.2004, Shri GLSinghal had gone to the office of the SIB as per instructions of Shri DGVanzara, and had collected weapons in a bag from SIB Office Ahmedabad. He hadsent this bag through Shri Nizamuddin Burhanmiyan to Shri Tarun A Barot, whowas at Khodiyar Farm.

That on 14.06.2004 afternoonat around 1500 Hrs, Shri GL Singhal was called by Shri DG Vanzara to theBungalow No. 15, Duffnala, Shahibaug office. Shri DH Goswami, Reader PI, wasalso present. Shri Vanzara had already drafted a complaint, wherein somecontents (names, number of rounds etc) were blank. It was pertaining to thestory of encounter which was registered later as Ahmedabad City DCB PS I CR No.8/04.

That thereafter, at around2300 Hrs on 14.06.2004, Shri D.G.Vanzara had convened a meeting at BungalowNo.15, Shahibaug, Ahmedabad with the accused officers of Crime Branch,Ahmedabad City. In this meeting D G Vanzara briefed the officers the planaccording to draft Complaint which he had shown the previous day.

The investigation furtherdisclosed that in the above meeting it was also decided that the gunman of ShriPP Pandey and D.G.Vanzara namely Mohanbhai Nanjibhai Menat and MohanbhaiLalabhai Kalaswa respectively will beused to carry out the operation. Accordingly the accused police officersreported to Shri G.L.Singhal at Indira Bridge Circle at around 01:30 to 02:00hrs of 15.06.2004.

Investigation also revealed that accusedN.K.Amin alongwith Cammando Mohan Nanjibhai Menat (gunman of P.P.Pandey),J.G.Parmar, K.S.Desai, Bhalabhai Rupabhai, driver had proceeded to the Scene ofCrime, i.e Kotarpur Water Works at about 0400 A.M. on 15.06.2004. He haddropped K.S.Desai and his driver Bhalabhai Rupabhai about 500 metres behind the Scene of Crime. At the same time as per his directions, Mohd.Shafi and Avnish Thakur, constablest brought Javed, Jishan Johar and IshratJahan from Khodiyar Farm house to the Scene of Crime, i.e Kotarpur Water worksby the blue colour Indica Car bearing the registration No. MH 02-JA-4786. Mohd.Shafi had driven the car and as per direction of N.K.Amin parked it acrossthe road divider and shifted Javed tothe driverís seat from the rearseat.

The investigation further revealed that asdecided in the above meeting dated 14.06.2004 Shri G.L.Singhal alongwithT.A.Barot, Mohanbhai Lalabhai Kalaswa (gunman of D.G.Vanzara), Anaju JimanChaudhary(Commando), I.K.Chauhan and Nizamuddin reached the Scene of Crime atabout 0400 A.M. Simultaneously as perthe instructions of Shri G.L.Singhal to Shri B.A.Patel waiting at Arharm Farm,Amjadali was also brought to the Scene of Crime by the white quails vehicle.B.A.Patel drove this vehicle while Motibhai Taljabhai escorted Amjadali sittingin the rear seat of the vehicle. Amjadali was handed over to N.K.Amin who made him to stand behind theroad divider at the rear side of theparked Indica Car, where after B.A.Patel drove away and Motibhai Taljabhaistood with I.K.Chauhan, Mohan Nanji and Nizamuddin.

The investigation revealedthat immediately after the arrival of all the four detainees as above N.K.Amin,Tarun A Barot, J.G.Parmar, Mohanbhai Lalabhai Kalaswa, Anaju Jhiman Chaudharyopened fire on the detainees in the car and on the road divider from thereofficial weapons resulting into the death of all four detainees. Shri TarunBarot and Mohanbhai Lalabhai Kalaswa had snatched away the official weaponsfrom I.K.Chauhan and Mohan Nanji Menat and further fired from snatched weaponson the detainees.

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

NK Amin fired 5 rounds fromhis 9mm pistol;

JG Parmar fired 4 rounds fromhis revolver;

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

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

Anaju Jiman Chaudhary fired10 rounds from his Stengun.

The investigation revealedthat the above firing had taken place in two successive stages. It is revealedthat in the first round of firing, Sh. Tarun Barot and Mohan Kalaswa exhaustedtheir ammunitions and stopped firing. Thereafter for the second round offiring, they forcibly took away the weapons of IK Chauhan and Mohan Nanjirespectively and Sh. Barot fired 3 rounds from the weapon of IK Chauhan whileMohan 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 theAmjadali Rana), on the official Gypsy vehicle of Dr NK Amin. This AK 56 riflewas brought to the scene by Shri Tarun Barot. After firing from this weapon, itwas placed near the dead body of Amjadali.

Investigation revealed thatthe so-called encounter operation concluded by about 5.00 hours on15.06.2004. At this time, messages wereoriginated from the scene of crime to the DCB PS and other senior officers,informing that in continuation of the so-called intelligence input, anencounter had taken place, wherein four suspected terrorists were gunned downby the officers of DCB PS, Ahmedabad City. Thereafter J.G.Parmar lodged writtencomplaint which resulted in registration of the DCB PS I Ahmedbad City CR No.08/2004 for the offences U/s 3(2)(a)(c), 13, 14 of Foreignerís Act, sections 120 B, 121, 121(A), 122, 123,307, 353, 186 of IPC, sections 25(1)(a), 27, 29 of the Arms Act, sections3(1)(a)(b), 3(2), 3(3), 20, 21 of the Prevention of Terrorism Act and u/s135(1) of the Bombay Police Act.

That the investigationconducted so far disclosed that the above said fake encounter was a resultof Joint operation of Gujarat Police andSIB, Amedabad. In this operation the overt acts committed by the accusedGujarat Police officers have been established by the evidence on record.However, further investigation is in progress against the SIB officers namely Rajinder Kumar, M.K.Sinha, RajeevWankhede & T.Mittal and others.

Therefore in view of theabove facts and circumstances, the Investigating Agency CBI seeks permission ofthe Honíble Court to continueinvestigation against the SIB officers named above and others.

Thus from the above it is clearly revealedthat Shri P.P.Pandey, Shri D.G.Vanzara, Shri N.K.Amin, Shri G.L.Singhal, ShriJ.G.Parmar, Shri Tarun Barot, Shri Anaju Jhiman Choudhary, Mohan Kalasava,entered into criminal conspiracy and in pursuance thereof, they abducted the deceasedJaved, Ishrat Jahan, Amjadali and Jishan Johar, kept them in illegal wrongfulconfinement and thereafter killed all of them in fake encounter and therebycommitted the offence punishable U/s 302, 364, 368, 346, 120-B, 201, 203, 204,217, 218 of Indian Penal Code and 25(1)(e), 27 of Arms Act. (emphasis supplied)