New Delhi: CBI is likely to proceed with the filing of supplementary chargesheet in Ishrat Jahan fake encounter killing case within 10 days even if legal opinion on need of sanction to prosecute the IB officers is not received by it.
CBI sources said if the legal opinion is not received before the filing of charge sheet, the agency will inform the competent court that the issue is pending with the government and may not name the IB officials suspected of the conspiracy to kill Ishrat and her associates.
The sources said the agency is likely to file its charge sheet in the case within 10 days in which it would not name close aide of Gujarat Chief Minister Narendra Modi, Amit Shah
They claimed the agency has enough evidence against the IB officials who are suspected to have been involved in the conspiracy to carry out the encounter.
However, the agency has referred the matter to the Law Minister with a query whether sanction from Home Ministry is needed to prosecute Special Director Rajinder Kumar (now retired) and three other IB officers ? P Mittal, M K Sinha and Rajiv Wankhede.
One view holds that since Kumar was in active service at the time of the alleged crime, sanction for his prosecution is needed from Home Ministry which is the cadre controlling authority, they said.
Another opinion is that since he retired from service in July this year, the agency could go ahead with its charge sheet without any need for sanction to prosecute, they said.
They added if the Law Ministry felt a nod from Home Ministry was needed before filing the supplementary charge sheet, CBI would send a request seeking sanction to prosecute the officers.
Meanwhile, on the question of any role by Shah in the matter, senior officials of the agency have made it clear that there was no legally tenable evidence on the basis of which he could be named as an accused in the charge sheet.