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Fake Chargesheet

Fake Chargesheet

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Published by Suresh Nakhua

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Published by: Suresh Nakhua on Jul 19, 2013
Copyright:Attribution Non-commercial


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As per the orders passed by the Hon
ble High Court of Gujarat vide its judgement dated 01.12.2011 in Criminal Miscellaneous Application No. 15981of 2010, in Criminal Miscellaneous Application No. 9832 of 2010 with SpecialCriminal Application No.1850 of 2009, wherein direction was given to theChairman of SIT to file a fresh FIR with the CBI in consequence of theunanimous conclusion of the SIT that the purported police encounter, asmentioned in the FIR of Ahmedabad City DCB PS I CR No. 8/2004, was notgenuine and accordingly on the basis of the written complaint of Shri R. R.Verma, Chairman of the last SIT formed under orders of the High Court of Gujarat, Central Bureau of Investigation, Special Crime Branch, Mumbairegistered a FIR vide RC BS1/S/2011/0005 on 16.12.2011, and took up theinvestigation. The brief facts of the case is that Ahmedabad City Crime Branch on15.06.2004, registered a case vide Crime No. DCB PS I C.R. No. 8/2004 U/s3(2)(a)(c), 13, 14 of Foreigner Act, U/s 120-B, 121, 121(A), 122, 123, 307,353, 186 of Indian Penal Code, U/s 25(1)(a), 27, 29 of Arms Act, U/s3(1)(a)(b), 3 (2), 3(3), 20, 21 of the Prevention of Terrorism Act and U/s135(1) of the Bombay Police Act, on the basis of complaint of Shri J.G.Parmar, the then PI of Crime Branch, Ahmedabad against the followingpersons : Jishan Johar @ Jaanbaz @ Abdul Gani, R/o. Nar-nanak Kalerbadi,Distt. Gujranwala, Punjab, Pakistan.Amjadali Akbarali Rana @ Salim @ Chandu @ Rajkumar, R/o.Haveli Deewan, Bhalwal, Distt. Sargoda, Punjab, Pakistan Javed, R/o. Puna, Maharashtra andOne unknown female terrorist. That, the Investigating Officer Mrs. Parixita Gurjar, ACP, Mahila PoliceStation, Crime Branch, Ahmedabad on conclusion of the investigation of the
case, filed the final report against 9 persons before the Special Judge, POTACases, Ahmedabad on Dtd. 08.06.2006. In the said Final Report she hadconcluded that the above mentioned persons were terrorists and theencounter was genuine. The Special Judge of POTA Court did not accept thereport of the IO and passed order on 7
July, 2006 mentioning that
investigating officer is directed to further investigate into the matter by virtueof powers of this court u/s 173 (8) of Cr. P.C. read with provisions of Prevention of Terrorism Act and make the persistent and consistent efforts of catching particularly those 3 accused A-6, A-7 & A-8 from the State of J & Kand others too and report to this Court in accordance with law.
 Thereafter anapplication on 7.11.06 was filed by DCB PS before the Spl. Judge for POTACases, Ahmedabad and it was prayed to accept
with respect toabsconding accused. That various petitions in the Hon
ble High Court of Gujarat and in the Hon
bleSupreme Court of India were filed. The Hon
ble Gujarat High Court, in Cr.MANo. 9832 of 2010 in Special Criminal Application No. 1850 of 2009 (withCrMA 10621 of 2010) and vide judgement and order dated 24.09.2010,formed a SIT directing it to further investigate the case (DCB PS, AhmedabadCity, I CR No. 8/ 2004). The SIT carried out investigation under thechairmanship of different officers and periodically submitted report onprogress of the investigation. Finally the Hon
ble Gujarat High Court, vide judgement dated 01.12.2011, in Criminal Miscellaneous Application No.15981 of 2010, in Criminal Miscellaneous Application No. 9832 of 2010 withSpecial Criminal Application No.1850 of 2009, directed the Chairman of SITto file a fresh FIR with the CBI in consequence of the unanimous conclusionof the SIT that the purported police encounter, as mentioned in the FIR of Ahmedabad City DCB PS I CR No. 8/2004, was not genuine. That it is stated by Shri RR Verma in his complaint dated 15.12.2011 that thepurported encounter effected by Shri. J.G. Parmar along with 19 other GujaratPolice Officials and other unknown persons as mentioned in the FIR of 
Ahmedabad City DCB PS I CR No. 8/ 2004, is not genuine. It implies that theright of private defence for causing death of the four deceased persons doesnot legally accrue to the accused Gujarat police officers. Therefore, thoseofficers named to have given effect to the incident as narrated in the FIR of Ahmedabad City DCB PS I CR No. 8/ 2004 and found to be responsible tohave caused the death of four deceased persons, and those found to beculpable in further investigation in addition, have committed offencespunishable under sections 302, 364, 368, 346, 120-B, 201, 203, 204, 217,218 of the Indian Penal Code, and under sections 25(1)(e), 27 of the ArmsAct. That accordingly CBI, Special Crime Branch, Mumbai registered the FIR andconducted investigation.Investigation revealed that the encounter was the joint operation of I.B. andGujarat Police.Investigation disclosed that the passive agents namely C1 and C2 engagedby Shri Rajinder Kumar and G.L. Singhal assisted them in managing theillegal custody of the deceased Jishan Johar. The Investigation revealed thatin the last week of April 2004, Jishan Johar (deceased) on his arrival atAhmedabad was taken into illegal custody by a joint team of accused GujaratPolice officers and SIB officers of Ahmedabad consisting of G.L.Singhal,Rajinder Kumar. Thereafter Jishan Johar was confined at house no. 164/165in Gota Housing, near Vaishno Devi Crossing, off SG Highway, Ahmedabadand was put under audio-tap by Rajeev Wankhede, M.K.Sinha & T.Mittal theSIB officers and the surveillance was maintained by C.J.Goswami PSI,P.G.Waghela PSI, Hanubha Narsinh Dodiya HCand Zahir Ahmed PC.Investigation revealed that on 26.05.2004, a team of DCB, Ahmedabad Citycomprising of accused N.K.Amin, Tarun Barot and I.K .Chauhan with theassistance of Shri M.K.Sinha and Rajeev Wankhede, ACIOs of SIB,Ahmedabad abducted the deceased Amjadali from Gota Crossing on theoutskirts of Ahmedabad. Investigation revealed that the above team of 

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