A court has quashed the summons issued to four officers including former special director of the Intelligence Bureau, Rajinder Kumar in connection with the Ishrat Jahan case.
Rajeev Wankhede, T S Mittal and M K Sinha and Kumar were named in the chargesheet for the alleged murder of Ishrat Jahan. On June 15 2004, an encounter had taken place at Ahmedabad. The police had said that Ishrat Jahan, Javed Shaikh, Jishan Zauhar and Amjad Ali were operatives of the Lashkar-e-Tayiba and were on a mission to kill Narendra Modi who was then the chief minister of Gujarat.
The magistrate court had summoned the officers, but the same was challenged in the sessions court last year. The CBI court had not taken cognizance of the chargesheet for nearly four years because CBI was waiting for prosecution sanction under provisions of section 197 of the CrPC.
The sessions court quashed the summons on the ground that the Centre has refused the probe agency a sanction to criminally prosecute the four officers. The court was of the opinion that the court cannot take cognizance of the chargesheet and issue summons in absence of the prosecution sanction, which is mandatory to prosecute a government employee.
The court also observed that the supplementary chargesheet did not hold the IB officials accused of criminal conspiracy and murder.