Ishrat_chargesheet

8/13/2019 Ishrat_chargesheet

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1. 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/2011/0005-

CBI, SCB, Mumbai and conducted investigation in respect of the various aspects of

the offence as pointed by the Honble High Court of Gujarat vide order dated

01.12.2011. The facts & circumstances disclosed during the investigation revealedthat 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 Honble 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 Honble 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.

2. 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


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SIB officers namely M.K.Sinha (A-9), ACIO, SIB, Ahmedabad, Rajeev Wankhede (A-

10) 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 ofDetection 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 ACIOs 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 ShNareshmani 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

Dailed Phone Numbers Date & Time Duration in

seconds

079-23242288 079-25622559 (SIB Office, Ahmedabad) 6-6-2004 23:03 90

079-23242288 9825305373 (Kirit N. Gadhvi, HC,

Gandhinagar)

6-6-2004 23:06 7

079-23242288 00971508625641 (Unknown number inU.A.E.)

6-6-2004 23:11 66

079-23242288 9824051211 (Sh Rajinder Kumar (A-8)

Joint Director, SIB)

6-6-2004 23:14 53

079-23242288 09850030686 (Javed) 6-6-2004 23:18 252


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079-23242288 9824051211 (Sh Rajinder Kumar (A-8)

Joint Director, SIB)

6-6-2004 23:28 108

5. 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

deceasedJaved 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 madeby

Date & Time CallDuration

Call made to Call Type

D.G.Vanzara 6/9/04 20.58 12 G.L.Singhal Outgoing call

D.G.Vanzara 6/9/04 22:26 1 G.L.Singhal Incoming call

D.G.Vanzara 6/9/04 22.27 266 G.L.Singhal Incoming call

D.G.Vanzara 6/9/04 22.33 40 Rajinder Kumar,JD SIB

Outgoing call

N.K.Amin 6/9/04 22.53 191 D.G.Vanzara(Residence)

Incoming call

N.K.Amin 6/9/04 22.57 34 D.G.Vanzara(Residence)

Incoming call

N.K.Amin 6/9/04 23.39 191 Rajeev WankhedeACIO SIB

Outgoing call

N.K.Amin 6/9/04 23.50 34 Rajeev WankhedeACIO SIB

Outgoing call

N.K.Amin 6/10/04 1.08 376 Tarun Barot Outgoing call

N.K.Amin 6/10/04 6.08 50 Tarun Barot Outgoing call
mailto:Javed.@Praneshmailto:Javed.@Pranesh


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N.K.Amin 6/10/04 8.13 8 Tarun Barot Incoming call

N.K.Amin 6/10/04 9.02 825 Mukul Sinha Outgoing call

7. 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 of10.06.2004 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

shifted Jishan Johar from Gota housing Society to Khodiyar Farm House. Javed and

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 RajinderKumar (A-8) and other accused Gujarat Police Officials, the victims Jishan Johar,

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


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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 Honble Court.

16. 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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Documents

Ishrat_chargesheet