fake tehelka charge of sheetterrorist ishrat jahan case

7/28/2019 Fake Tehelka Charge of SheetTerrorist Ishrat Jahan Case

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As per the orders passed by the Honble High Court of Gujarat vide its

judgement dated 01.12.2011 in Criminal Miscellaneous Application No. 15981

of 2010, in Criminal Miscellaneous Application No. 9832 of 2010 with Special

Criminal Application No.1850 of 2009, wherein direction was given to the

Chairman of SIT to file a fresh FIR with the CBI in consequence of the

unanimous conclusion of 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 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, Mumbai

registered a FIR vide RC BS1/S/2011/0005 on 16.12.2011, and took up the

investigation.

The brief facts of the case is that Ahmedabad City Crime Branch on

15.06.2004, registered a case vide Crime No. DCB PS I C.R. No. 8/2004 U/s

3(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/s

3(1)(a)(b), 3 (2), 3(3), 20, 21 of the Prevention of Terrorism Act and U/s

135(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 following

persons :

J ishan J ohar @ J aanbaz @ 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

J aved, R/o. Puna, Maharashtra and

One unknown female terrorist.

That, the Investigating Officer Mrs. Parixita Gurjar, ACP, Mahila Police

Station, Crime Branch, Ahmedabad on conclusion of the investigation of the


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case, filed the final report against 9 persons before the Special J udge, POTA

Cases, Ahmedabad on Dtd. 08.06.2006. In the said Final Report she had

concluded that the above mentioned persons were terrorists and the

encounter was genuine. The Special J udge of POTA Court did not accept the

report of the IO and passed order on 7th J uly, 2006 mentioning that

investigating officer is directed to further investigate into the matter by virtue

of 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 & K

and others too and report to this Court in accordance with law.Thereafter an

application on 7.11.06 was filed by DCB PS before the Spl. J udge for POTA

Cases, Ahmedabad and it was prayed to accept A-Summary with respect to

absconding accused.

That various petitions in the Honble High Court of Gujarat and in the Honble

Supreme Court of India were filed. The Honble Gujarat High Court, in Cr.MA

No. 9832 of 2010 in Special Criminal Application No. 1850 of 2009 (with

CrMA 10621 of 2010) and vide judgement and order dated 24.09.2010,

formed a SIT directing it to further investigate the case (DCB PS, Ahmedabad

City, I CR No. 8/ 2004). The SIT carried out investigation under the

chairmanship of different officers and periodically submitted report on

progress of the investigation. Finally the Honble 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 with

Special Criminal Application No.1850 of 2009, directed the Chairman of SIT

to file a fresh FIR with the CBI in consequence of the unanimous conclusion

of the SIT that the purported police encounter, as mentioned in the FIR ofAhmedabad 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 the

purported encounter effected by Shri. J .G. Parmar along with 19 other Gujarat

Police Officials and other unknown persons as mentioned in the FIR of


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Ahmedabad City DCB PS I CR No. 8/ 2004, is not genuine. It implies that the

right of private defence for causing death of the four deceased persons does

not legally accrue to the accused Gujarat police officers. Therefore, those

officers 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 to

have caused the death of four deceased persons, and those found to be

culpable in further investigation in addition, have committed offences

punishable 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 Arms

Act.

That accordingly CBI, Special Crime Branch, Mumbai registered the FIR and

conducted investigation.

Investigation revealed that the encounter was the joint operation of I.B. and

Gujarat Police.

Investigation disclosed that the passive agents namely C1 and C2 engaged

by Shri Rajinder Kumar and G.L. Singhal assisted them in managing the

illegal custody of the deceased J ishan J ohar. The Investigation revealed that

in the last week of April 2004, J ishan J ohar (deceased) on his arrival at

Ahmedabad was taken into illegal custody by a joint team of accused Gujarat

Police officers and SIB officers of Ahmedabad consisting of G.L.Singhal,

Rajinder Kumar. Thereafter J ishan J ohar was confined at house no. 164/165

in Gota Housing, near Vaishno Devi Crossing, off SG Highway, Ahmedabad

and was put under audio-tap by Rajeev Wankhede, M.K.Sinha & T.Mittal the

SIB 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 City

comprising of accused N.K.Amin, Tarun Barot and I.K .Chauhan with the

assistance of Shri M.K.Sinha and Rajeev Wankhede, ACIOs of SIB,

Ahmedabad abducted the deceased Amjadali from Gota Crossing on the

outskirts of Ahmedabad. Investigation revealed that the above team of


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accused officers after abducting the deceased Amjadali, confined him in

illegal custody at Arham Farm House from 26.05.2004 to 15.06.2004 early

morning. This place was arranged by Shri J G Parmar (then PI, Crime

Branch). Shri BA Patel, Shri BA Chavda, Shri RI Patel, Moti Talja Desai,

Govindsinh Malubha, J agdish Alveshwar and Bharatsinh Dolatsinh of Crime

Branch, Ahmedabad City had kept a watch on Amjadali at Arham Farm.

S/Shri DG Vanzara, Rajinder Kumar, NK Amin and GL Singhal had met

Amjadali at Arham Farm during his confinement. Amjadali had stated that he

had come to Ahmedbad with a plan to commit a terrorist act at some crowded

location in Ahmedabad.

Investigation revealed that on 12.06.2004, accused N.K.Amin and Tarun

Barot with the assistance of M.K.Sinha and Rajeev Wankhede, ACIOs of SIB,

Ahmedabad, abducted J aved and Ishrat J ahan from Vasad Toll booth, District

Anand, Gujarat when they were travelling in the blue Indica car bearing

registration no. MH 02 JA 4786. The above accused police officers and SIB

officers took J aved and Ishrat J ahan to Khodiyar Farm, off SG Highway,

Ahmedabad and kept them in Illegal custody. This place was arranged as per

instructions of Shri DG Vanzara by Shri KS Desai, then PSI in Crime Branch.

Shri Tarun Barot along with his subordinate policemen Shri Nizamuddin

Burhanmiyan and Shri Avnishkumar Vishwanathsinh Thakur had kept watch

there. Shri DG Vanzara, Shri PP Pandey, Shri Rajinder Kumar and Dr NK

Amin had met Javed and Ishrat J ahan during their illegal custody on different

days and times. On 13.06.2004, J ishan J ohar was shifted from Gota Housing

confinement to Khodiyar Farm house by Shri Tarun Barot.

That on 13.06.2004 evening, Shri DG Vanzara, Shri PP Pandey and Shri

Rajinder Kumar had discussed in the Bungalow No. 15, Duffnala, Shahibaugoffice chamber of Shri DG Vanzara about the further plan about elimination of

the four detainees i.e. J ishan J ohar, Amjadali, J aved and Ishrat and lodging a

FIR showing their death in an encounter.


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That on 14.06.2004, Shri GL Singhal had gone to the office of the SIB as per

instructions of Shri DG Vanzara, and had collected weapons in a bag from

SIB Office Ahmedabad. He had sent this bag through Shri Nizamuddin

Burhanmiyan to Shri Tarun A Barot, who was at Khodiyar Farm.

That on 14.06.2004 afternoon at around 1500 Hrs, Shri GL Singhal was

called by Shri DG Vanzara to the Bungalow No. 15, Duffnala, Shahibaug

office. Shri DH Goswami, Reader PI, was also present. Shri Vanzara had

already drafted a complaint, wherein some contents (names, number of

rounds etc) were blank. It was pertaining to the story of encounter which was

registered later as Ahmedabad City DCB PS I CR No. 8/04.

That thereafter, at around 2300 Hrs on 14.06.2004, Shri D.G.Vanzara had

convened a meeting at Bungalow No.15, Shahibaug, Ahmedabad with the

accused officers of Crime Branch, Ahmedabad City. In this meeting D G

Vanzara briefed the officers the plan according to draft Complaint which he

had shown the previous day.

The investigation further disclosed that in the above meeting it was also

decided that the gunman of Shri PP Pandey and D.G.Vanzara namely

Mohanbhai Nanjibhai Menat and Mohanbhai Lalabhai Kalaswa respectively

will be used to carry out the operation. Accordingly the accused police officers

reported to Shri G.L.Singhal at Indira Bridge Circle at around 01:30 to 02:00

hrs of 15.06.2004.

Investigation also revealed that accused N.K.Amin alongwith Cammando

Mohan Nanjibhai Menat (gunman of P.P.Pandey), J .G.Parmar, K.S.Desai,

Bhalabhai Rupabhai, driver had proceeded to the Scene of Crime, i.e

Kotarpur Water Works at about 0400 A.M. on 15.06.2004. He had dropped

K.S.Desai and his driver Bhalabhai Rupabhai about 500 metres behind

the Scene of Crime. At the same time as per his directions, Mohd. Shafi and

Avnish Thakur, constablest brought J aved, J ishan J ohar and Ishrat J ahan

from Khodiyar Farm house to the Scene of Crime, i.e Kotarpur Water works

by the blue colour Indica Car bearing the registration No. MH 02-J A-4786.


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Mohd. Shafi had driven the car and as per direction of N.K.Amin parked it

across the road divider and shifted J aved to the drivers seat from the rear

seat.

The investigation further revealed that as decided in the above meetingdated 14.06.2004 Shri G.L.Singhal alongwith T.A.Barot, Mohanbhai Lalabhai

Kalaswa (gunman of D.G.Vanzara), Anaju J iman Chaudhary(Commando),

I.K.Chauhan and Nizamuddin reached the Scene of Crime at about 0400

A.M. Simultaneously as per the instructions of Shri G.L.Singhal to Shri

B.A.Patel waiting at Arharm Farm, Amjadali was also brought to the Scene of

Crime by the white quails vehicle. B.A.Patel drove this vehicle while Motibhai

Taljabhai escorted Amjadali sitting in the rear seat of the vehicle. Amjadali

was handed over to N.K.Amin who made him to stand behind the road divider

at the rear side of the parked Indica Car, where after B.A.Patel drove away

and Motibhai Taljabhai stood with I.K.Chauhan, Mohan Nanji and

Nizamuddin.

The investigation revealed that immediately after the arrival of all the four

detainees as above N.K.Amin, Tarun A Barot, J .G.Parmar, Mohanbhai

Lalabhai Kalaswa, Anaju J himan Chaudhary opened fire on the detainees in

the car and on the road divider from there official weapons resulting into the

death of all four detainees. Shri Tarun Barot and Mohanbhai Lalabhai

Kalaswa had snatched away the official weapons from I.K.Chauhan and

Mohan Nanji Menat and further fired from snatched weapons on the

detainees.

The investigation revealed that, following accused officers had fired on the

four deceased from their service weapons as detailed hereunder:

NK Amin fired 5 rounds from his 9mm pistol;

J G Parmar fired 4 rounds from his revolver;

Tarun Barot fired 6 rounds from his revolver and 3 rounds from therevolver of IK Chauhan;

Mohan Kalaswa fired 32 rounds from his AK-47 and 10 rounds fromthe AK47 of Commando Mohan Nanji; and


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Anaju J iman Chaudhary fired 10 rounds from his Stengun.

The investigation revealed that the above firing had taken place in two

successive stages. It is revealed that in the first round of firing, Sh. Tarun

Barot and Mohan Kalaswa exhausted their ammunitions and stopped firing.

Thereafter for the second round of firing, they forcibly took away the weapons

of IK Chauhan and Mohan Nanji respectively and Sh. Barot fired 3 rounds

from the weapon of IK Chauhan while Mohan Kalasawa fired another 10

rounds from the weapon of Mohan Nanji Menat. Further Commando Mohan

Kalasawa was made to fire several rounds from AK 56 rifle (planted on the

Amjadali Rana), on the official Gypsy vehicle of Dr NK Amin. This AK 56 rifle

was brought to the scene by Shri Tarun Barot. After firing from this weapon, it

was placed near the dead body of Amjadali.

Investigation revealed that the so-called encounter operation concluded by

about 5.00 hours on 15.06.2004. At this time, messages were originated from

the scene of crime to the DCB PS and other senior officers, informing that in

continuation of the so-called intelligence input, an encounter had taken place,

wherein four suspected terrorists were gunned down by the officers of DCB

PS, Ahmedabad City. Thereafter J .G.Parmar lodged written complaint which

resulted in registration of the DCB PS I Ahmedbad City CR No. 08/2004 for

the offences U/s 3(2)(a)(c), 13, 14 of Foreigners Act, sections 120 B, 121,

121(A), 122, 123, 307, 353, 186 of IPC, sections 25(1)(a), 27, 29 of the Arms

Act, sections 3(1)(a)(b), 3(2), 3(3), 20, 21 of the Prevention of Terrorism Act

and u/s 135(1) of the Bombay Police Act.

That the investigation conducted so far disclosed that the above said fake

encounter was a result of J oint operation of Gujarat Police and SIB,

Amedabad. In this operation the overt acts committed by the accused Gujarat

Police officers have been established by the evidence on record. However,


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further investigation is in progress against the SIB officers namely Rajinder

Kumar, M.K.Sinha, Rajeev Wankhede & T.Mittal and others.

Therefore in view of the above facts and circumstances, the Investigating

Agency CBI seeks permission of the Honble Court to continue investigation

against the SIB officers named above and others.

Thus from the above it is clearly revealed that Shri P.P.Pandey, Shri

D.G.Vanzara, Shri N.K.Amin, Shri G.L.Singhal, Shri J .G.Parmar, Shri Tarun

Barot, Shri Anaju J himan Choudhary, Mohan Kalasava, entered into criminal

conspiracy and in pursuance thereof, they abducted the deceased J aved,

Ishrat J ahan, Amjadali and J ishan J ohar, kept them in illegal wrongful

confinement and thereafter killed all of them in fake encounter and therebycommitted the offence punishable U/s 302, 364, 368, 346, 120-B, 201, 203,

204, 217, 218 of Indian Penal Code and 25(1)(e), 27 of Arms Act.

fake tehelka charge of sheetterrorist ishrat jahan case

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