Shamima Kauser, mother of Ishrat Jahan who was killed along with three others in an allegedly fake encounter in Gujarat in 2004, has approached the local CBI court challenging the Gujarat government’s refusal to grant sanction to prosecute former police officers D.G. Vanzara and N.K. Amin, charge-sheeted by the agency.
The Gujarat government recently refused to grant sanction to prosecute the officers. It reportedly stated that they were doing their official duty and therefore cannot be prosecuted for the same.
In her application, Ms. Kauser submitted that the Gujarat government’s decision would have serious repercussions and obstruct judicial proceedings. She also contended that earlier the special CBI court had rejected the application of Mr. Vanzara and Mr. Amin on the ground that there existed evidence against them in the crime.
“In Orders in August 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,” she stated in her application moved by her lawyer Vrinda Grover in the Ahmedabad court.
She also sought a copy of the government’s report on refusal to grant sanction.
Pointing out that the CBI had consistently maintained that the accused hatched a criminal conspiracy, abducted Ishrat and three others and killed them in a staged shoot-out, she said there was no legal requirement to seek the State government’s sanction to prosecute the former police officials, now retired.
Meanwhile, both accused have moved their application in court, asking for proceedings against them to be dropped, following the Gujarat government’s refusal to sanction their prosecution.