"I will decide (on the further course of action) after discussing it with Vrinda Grover. But ordinarily it is required to be challenged," advocate I H Syed, who appeared for Ishrat's mother Shamima Kausar, told PTI.
According to Syed, as the MHA did not grant sanction to the investigative agency, charges cannot be framed against the officials, including the then joint director of Subsidiary IB Rajender Kumar along with other sleuths M K Sinha, T Mittal and Rajiv Wankhede.
"As permission under section 197 of the CrPC (a mandatory and prior permission to prosecute any government servant in an offence) has not been granted, charges against the accused (IB officers) cannot be framed," he said.
Earlier today, the MHA, after perusing the documents submitted by the CBI, turned down the agency's plea for prosecuting IB officials.
The CBI had submitted its final report in the case to the Home Ministry, which is the cadre controlling ministry for IB personnel, two years back.
On July 3, 2013, the CBI, the prosecuting agency of the encounter case, had filed a chargesheet and stated that Mumbra-based college girl Ishrat Jahan, Javed Shaikh alias Pranesh Pillai, Zeeshan Johar and Amjad Ali Rana were gunned down in a fake encounter on June 15, 2004 in a joint operation of IB and Gujarat Police.
CBI had chargesheeted seven Gujarat police personnel- IPS officers D G Vanzara (retired), P P Pandey, G L Singhal, Dy SPs N K Amin, Tarun Barot and J G Parmar along with commando Anaju Chaudhary for murder and criminal conspiracy to eliminate the four persons.
The chargesheet said the whole conspiracy to abduct, confine and kill Ishrat, Sheikh, Johar and Rana was planned by Vanzara, Additional DGP P P Pandey and then Gujarat Subsidiary Intelligence Bureau (SIB) Joint Director Rajendrer Kumar.