Ahmedabad, Jun 20 (PTI): CBI today filed an affidavit in connection with the encounter killing of Sadiq Jamal in 2003 and told a court here that its investigation was in progress and that they are looking into all “relevant points” in the case. Sadiq, a resident of Bhavnagar city, was killed by a team of crime branch in an encounter near Galaxy Cinema on the outskirts of the city on January 13, 2003. At that time, Gujarat police had claimed that he was a terrorist who entered the city to kill Chief MinisterNarendra Modi and VHP leader Dr Pravin Togadia.
CBI Investigating officer and DySP S K Rathi filed the reply in response to an application made by Sadiq’s brother Shabir seeking further investigation into the alleged role played by then Joint Director (IB) Rajendra Kumar, former state Minister of State (MoS) for Home and the Chief Minister in the encounter. In its affidavit, filed on demand by Shabir, CBI said “relevant points are already being looked into during further investigation.” Shabir had filed an application before special CBI court judge V K Vyas here in May demanding further investigation in the case. CBI has also made it clear that when agency had filed the chargesheet in this case against eight accused on December 21, 2012, the investigation relating to the complicity, involvement of other persons in the commission of the crime had been kept pending and further investigation into the matter is under progress.
On a petition filed by Shabir, the Gujarat High Court had in 2011, directed CBI to take over the probe after filing a new FIR in the case. Reacting to the reply filed by CBI, advocate Shamshad Pathan, who is representing Shabir in this case, claimed, “this clearly means that CBI is investigating the role of then MoS Home Amit Shah and Chief Minister Narendra Modi as we have demanded in our application.” “In our application we have alleged that as Sadik was killed as part of a political conspiracy. CBI should also investigate the role of the Chief Minister and the then MoS for Home and file supplementary charge sheet,” he further added.
However, CBI advocate I H Syed has denied this interpretation and told PTI that “we have submitted that CBI is investigating the complicity of other persons in the case. At this juncture, the investigating agency cannot say that we are investigating person A or B or C.” “Our investigation is moving in proper and right direction and whoever will be found complicit in the crime will be investigated and charge sheet will be filed against them,” he added.
In a related matter, CBI today sought exemption for producing the intelligence report, dated January 6, 2003, of Subsidiary Intelligence Bureau (SIB), Mumbai, in which it was allegedly claimed that Sadiq Jamal was a member of Dawood Ibrahim gang and had arrived to kill saffron party leaders to avenge 2002 post-Godhra riots in Gujarat. An application was moved before the court by advocate Rohit Verma on behalf of the accused policemen seeking a copy of the SIB report which was submitted by CBI along with the charge sheet in a sealed cover. In this case, CBI has arrested, apart from ex-Mumbai scribe Ketan Tirodkar, eight Gujarat policemen, including Tarun Barot and J G Parmar who were also arraigned as accused in the 2004 Ishrat Jahan fake encounter killing case and three others.
Today, CBI submitted it has requested SIB to de-classify this document but they have declined and sought exemption on the grounds that disclosure of this document to the accused is not essentially in the interests of justice and public interest. The court has asked the accused policemen to file their reply and kept the next hearing on July 3 when Shabir’s application will also be taken up.
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