[dropcap]T[/dropcap]HE CBI Court on April 09, 2019 heard arguments by Advocate Vrinda Grover, challenging the Gujarat government’s refusal to grant sanction to prosecute retired police officers D G Vanzara and N K Amin, in the Ishrat Jahan fake encounter.
Advocate Vrinda Grover, appearing on behalf of Ishrat Jahan’s mother, Shamima Kausar argued that since the Court had rejected the discharge applications on the ground that there existed sufficient evidence against the two accused (N K Amin and D G Vanzara), it did not have the power to drop proceedings against them.
She submitted before the Court that “the charge-sheet contains evidence, both ocular and material that N.K. Amin and D.G. Vanzara played active roles in the criminal conspiracy to abduct, illegally confine and stage the encounter killings of Ishrat Jahan and others”.
She contended that there was no question of requiring the sanction of the Government to prosecute the officers as there was no nexus between the acts of the accused and the duty of a police officer.
“The evidence prima facie demonstrates that the acts, of abduction, illegal confinement and murder, committed by D G Vanzara and N K Amin are outside the scope of a police officer’s duty,” she said.
She asserted that the contention of the accused that these acts were committed within the course of duty was devoid of any merit.
The order of the State of Gujarat refusing sanction for prosecution is another attempt by the state to shield the accused police officers and amounted to interference in the administration of justice, she said
“The cyclostyled, identical orders, passed by the State of the Gujarat, refusing sanction to prosecute accused police officers D G Vanzara and N K Amin bearing the same file/document number, lays bare that the orders have been passed in a mechanical manner, and there is complete non-application of mind by the State of Gujarat,” Grover said.
The CBI Court at Ahmedabad also heard the submissions of the CBI which submitted before the Court that no sanction was required for the prosecution since the acts fell “outside the scope of official duty”.
CBI Court Judge J K Pandya has now listed the matter for April 16, 2019, when he will hear the arguments on behalf of accused D G Vanzara and N K Amin, who is representing himself.
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