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That, CBI, Special Crime Branch, Mumbai on the basis of the complaint of
Shri Rajiva Ranjan Verma registered the FIR in Crime No. RC BS1/S/2011/0005CBI, SCB, Mumbai and conducted investigation in respect of the various aspects of the offence as pointed by the Hon’ble High Court of Gujarat vide order dated 01.12.2011. The facts & circumstances disclosed during the investigation revealed that the purported encounter was fake and the allegation of criminal conspiracy, abduction, illegal custody and murder of the deceased persons was established. As such, on 03.07.2013, a charge-sheet was filed in the Hon’ble Court of ACJM, CBI, Court No.-II, Mirzapur, Ahmedabad prosecuting the Gujarat Police officials namely A-1 J.G.Parmar, A-2 P.P.Pandey, A-3 D.G.Vanzara, A-4 G.L.Singhal, A-5 N.K.Amin, A-6 T.A.Barot and A-7 Anaju J.Choudhary u/s 302, 364, 368, 346, 120-B, 201, 203, 204, 217, 218 of IPC and sections 25(1) (e), 27 of Arms Act. While filing the
Charge-sheet dated 03.07.2013, the investigation against the Subsidiary Intelligence Bureau (SIB) officials namely (i) Shri Rajinder Kumar, the then Joint Director,
Subsidiary Intelligence Bureau, Ahmedabad, (ii) Shri Mukul Kumar Sinha, the then Assistant Central Intelligence Officer (ACIO), Subsidiary Intelligence Bureau, Ahmedabad, (iii) Shri Rajeev Wankhede, the then Assistant Central Intelligence Officer (ACIO), Subsidiary Intelligence Bureau, Ahmedabad, and (iv) Shri Tushar Mittal, the then Assistant Central Intelligence Officer (ACIO), Subsidiary Intelligence Bureau, Ahmedabad was in progress and hence CBI had sought permission from this Hon’ble Court as per the provisions of section 173(8) of Cr.P.C. and continued further investigation to look into the other aspects of the offence.
That, during the last week of April 2004, in pursuance to a criminal conspiracy
hatched between accused officials of S.I.B. (Subsidiary Intelligence Bureau) Ahmedabad and accused officials of Crime Branch Ahmedabad, Gujarat Police, a joint operation was carried out and supervised by Shri Rajinder Kumar (A-8) the then Joint Director, SIB, Ahmedabad and G.L.Singhal (A-4), the then ACP, DCB, Ahmedabad City, during which they kept the deceased Jishan Johar at house No. 164/165 in Gota Housing, Off SG Highway, Ahmedabad. In furtherance to the said criminal conspiracy, Jishan Johar was put under discreet audio surveillance by the
SIB officers namely M.K.Sinha (A-9), ACIO, SIB, Ahmedabad, Rajeev Wankhede (A10) ACIO, SIB, Ahmedabad, and T.Mittal (A-11), ACIO, SIB, Ahmedabad and observation was maintained by C J Goswamy, PSI, P G Waghela, PSI, Hanubha Narsinh Dodiya, HC and Zahir Ahmed, PC of DCB Ahmedabad City. 3. That, on 26.05.2004, in pursuance to the criminal conspiracy a team of
Detection Crime Branch, Ahmedabad City comprising of N.K.Amin (A-5) the then ACP, Tarun Barot (A-6) the then PI, with the assistance of Shri M.K.Sinha (A-9) and Rajeev Wankhede(A-10), the then ACIOs of SIB, Ahmedabad abducted the deceased Amjad Ali, Near Gota Circle, on the outskirts of Ahmedabad, while he was moving in an auto-rickshaw, with an intent to secretly and wrongfully confine him. Thereafter the abducted Amjad Ali was wrongfully confined at Arham Farm House, Adalaj Road, Ahmedabad from 26.05.2004 to 15.06.2004 arranged by the accused Shri.J.G Parmar (A-1). During the secret wrongful confinement, Amjad Ali was interrogated by S/Shri DG Vanzara (A-3), Rajinder Kumar (A-8), NK Amin (A-5), GL Singhal (A-4) and the ACIO’s namely M.K.Sinha (A-9), Rajeev Wankhede (A-10) and T.Mittal (A-11) at Arham Farm House, Gandhinagar. 4. Investigation discloses the call details of Javed which reveals the entrapment
and allurement of deceased Javed to come to Ahmedabad. This fact is established by analysing 6 calls made from one PCO with number 079-23242288 of Sh Nareshmani Bhai Choudhry located in Gandhinagar. The CDR analysis of this
BSNL land line number reflected the following out-going calls made on 06.06.2004.
STD/PCO Gandhinagar 079-23242288 079-23242288 079-23242288 079-23242288 079-23242288 Dailed Phone Numbers 079-25622559 (SIB Office, Ahmedabad) 9825305373 (Kirit N. Gadhvi, HC, Gandhinagar) 00971508625641 (Unknown number in U.A.E.) 9824051211 (Sh Rajinder Kumar (A-8) Joint Director, SIB) 09850030686 (Javed) Date & Time 6-6-2004 23:03 6-6-2004 23:06 6-6-2004 23:11 6-6-2004 23:14 6-6-2004 23:18 Duration in seconds 90 7 66 53 252
9824051211 (Sh Rajinder Kumar (A-8) 6-6-2004 23:28 Joint Director, SIB)
Careful analysis of the above call details discloses that within a span of 30
minutes, and in continuous succession from the same PCO, calls were made to the following numbers used by the then Joint Director, SIB, Ahmedabad, Sh Rajinder Kumar (A-8), one Kirit Gadhvi Police Constable of Gujarat police, one un-known number in UAE, a landline number of SIB office, Ahmedabad and a Cell number of deceased Javed also known as Pranesh Pillai. 6. Thereafter, in pursuance of criminal conspiracy and on the direction of D.G.
Vanzara (A-3), the then Addl.C.P., a meeting was held on 09.06.2004 at the residence of Shri Rajinder Kumar (A-8), the then JD, SIB, Ahmedabad, which was attended first by G.L.Singhal (A-4) and later by Shri N.K. Amin (A-5). The CDR details given below establishes the above fact. Call made by D.G.Vanzara D.G.Vanzara D.G.Vanzara D.G.Vanzara N.K.Amin N.K.Amin N.K.Amin N.K.Amin Date & Time 6/9/04 20.58 6/9/04 22:26 6/9/04 22.27 6/9/04 22.33 6/9/04 22.53 6/9/04 22.57 6/9/04 23.39 6/9/04 23.50 Call Duration 12 1 266 40 191 34 191 34 Call made to G.L.Singhal G.L.Singhal G.L.Singhal Rajinder Kumar, JD SIB D.G.Vanzara (Residence) D.G.Vanzara (Residence) Rajeev Wankhede ACIO SIB Rajeev Wankhede ACIO SIB Tarun Barot Tarun Barot Call Type Outgoing call Incoming call Incoming call Outgoing call Incoming call Incoming call Outgoing call Outgoing call
6/10/04 1.08 6/10/04 6.08
Outgoing call Outgoing call
6/10/04 8.13 6/10/04 9.02
Tarun Barot Mukul Sinha
Incoming call Outgoing call
That, pursuant to the meeting of N.K.Amin with Rajinder Kumar at his
residence on 09.06.2004 night, Shri N.K. Amin proceeded to Vasad, in the morning of 10.06.2004 and stayed at Vasad till afternoon of 12.6.2004. The cell tower locations of N.K. Amin extracted out of his CDR reveals that to materialize the said conspiracy Shri Amin was in continuous touch with Shri Mukul Sinha(A-9) and D.G. Vanzara(A-3). On
12.06.2004, after abducting Javed and Ishrat from Vasad Toll Booth, District Anand, Gujarat, Shri N.K.Amin along with Tarun Barot(A-6), Sh Mukul Sinha(A-9) and Sh Rajeev Wankhede (A-10) returned/escorted Javed and Ishrat to Ahmedabad and wrongfully confined them at Khodiyar Farm House, Off SG Highway, Ahmedabad. 8. That, in furtherance of criminal conspiracy, a meeting was held on 13.06.2004
(evening) in the office chamber of DG Vanzara(A-3), the then Addl CP at Bungalow No. 15, Duffnala, Shahibaug, Ahmedabad. This meeting was attended by Shri PP Pandey (A-2), the then Joint CP, DCB, Ahmedabad and Shri Rajinder Kumar (A-8), the then JD, SIB, Ahmedabad. 9. That, on 13.06.2004, Tarun Barot (A-6) in pursuance of criminal conspiracy Javed and
shifted Jishan Johar from Gota housing Society to Khodiyar Farm House. Ishrat Jahan were already wrongfully confined in Khodiyar Farm house. 10.
That, on 14.06.2004, in furtherance of the criminal conspiracy, Shri Rajinder
Kumar (A-8) handed over arms and ammunitions in a bag to Shri G.L.Singhal (A-4), who inturn after collecting the weapons, handed over the same to Shri Tarun A Barot (A-6) through Nizamuddin Syed, PC at Khodiyar Farm House. 11. That in furtherance to the aforesaid criminal conspiracy between Shri Rajinder the victims Jishan Johar,
Kumar (A-8) and other accused Gujarat Police Officials,
Javed and Ishrat Jahan, who were secretly kept in wrongful confinement at Khodiyar Farm House were brought in the blue TATA Indica car from Khodiyar Farm House to the Scene of Crime, while Amjad Ali who was also in wrongful confinement at Arham
Farm House was brought to the Scene of Crime separately. As a result of the aforesaid criminal conspiracy between Shri Rajinder Kumar (A-8), P.P.Pandey (A-2) and
D.G.Vanzara (A-3), the other accused Gujarat Police officials namely J.G.Parmar (A-1), G.L.Singhal (A-4), N.K.Amin (A-5) T.A.Barot (A-6), Anaju J.Choudhary (A-7) and
Mohan Lala Kalasava (now expired) killed Jishan Johar, Amjad Ali, Javed & Ishrat Jahan in a fake encounter in the intervening night of 14/15.06.2004 at Kotarpur Water Works, Ahmedabad. 12. That Shri Rajinder Kumar (A-8) has committed the offences punishable U/s 120-
B, 302, 346, 364, 365, 368 of Indian Penal Code. Further Shri Rajinder Kumar (A-8) has also committed offences punishable U/s 3, 25(a) (a), 27 & 29 of Arms Act. 13. That Shri M. K. Sinha (A-9), Shri Rajeev Wankhede (A-10), Shri T.Mittal (A-11)
have committed the offences punishable U/s 120-B, 346, 365, 368 of Indian Penal Code. 14. That Shri. J.G. Parmar (A-1) being one of the members of the fake encounter
team and was himself involved in the investigation of Crime No. 8 of 2004 of DCB, Ahmedabad, fabricated a false evidence by coercing the witness namely Shri. Manoj Sidpura, the owner of M/s Shakti Garage, Surat and thereby got prepared bogus bill/invoice dated 14.06.2004 reflecting the repair of Tata Indica car bearing Registration No. MH 02 JA 4786 at his garage and also threatened Shri. Manoj Sidpura and obtained his statement U/s 164 Cr.P.C. for protecting himself and other accused
officers/offcials involved in the abduction, illegal custody and killing of the deceased persons from being prosecuted for the above said offences. Thereby, Shri J.G.Parmar (A-1) (who has already been prosecuted vide charge-sheet dated 03.07.2013 in this case) has committed the offence punishable U/s 193 of Indian Penal Code. 15. The Sanction for Prosecution for prosecuting the accused Shri. Rajinder Kumar
(A-8) who has committed offence under Arms Act would be obtained from the competent authority under the provisions of Section 39 of Arms Act, and on receipt of the same, it will be submitted to this Hon’ble Court.
That during investigation, the Call Detail Records were collected, which
establishes the involvement and complicity of the above stated accused persons.
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