Ahmedabad: The special court for CBI cases here on Saturday reserved its order on the anticipatory bail plea of Additional Director General of Police Prithvi Pal Pandey, an accused in Ishrat Jahan fake encounter killing case, till August 06.
The special court is hearing his application afresh on the directions of the Gujarat High Court which has restrained CBI from arresting the senior IPS officer till August 06.
Judge Gita Gopi is likely to pass the order on Tuesday.
Earlier, Pandey`s lawyer Nirupam Nanavati argued "CBI has been chasing Pandey and wanted to send him behind the bars by hook or by crook....Despite the High Court directing CBI not to arrest Pandey till August 6, the central investigation agency filed an application seeking his judicial custody."
CBI`s branding of his client as a proclaimed absconder (in the charge-sheet of Ishrat case) was totally illegal as Pandey appeared before the concerned court as per the orders of the Supreme Court, Nanavati said.
"It is not an error or mistake. It is a deliberate design so as to deprive Pandey of any discretionary order from seeking justice," he said. "CBI does not want to humiliate only my client (alone) but they want to humiliate the entire police brass of the Gujarat", he added.
"Why have they not proceeded against those officials who have more serious allegations against their name?" Nanavati said referring to omission of names of Intelligence Bureau officials Rajinder Kumar and the then Ahmedabad Police Commissioner KR Kaushik in the charge sheet.
Contending that there was no material against Pandey, Nanavati said he was acting on IB inputs and if IB inputs were to be questioned, there may be a serious law and order problem in the country.
But CBI counsel Ejaz Khan pointed out that the investigation agency had taken over the Ishrat case only on the directions of the Gujarat High Court.
"It is mischievous to term this as (result of) political rivalry. We have not come here as a political rival to anyone. We are investigating the case on the directions of the Gujarat High Court," Khan argued.
Khan said the act committed by some of the accused police officials was "beyond the imagination of a fiction writer".
Rubbishing the claim that the probe against Pandey had some ulterior motive, Khan said, "He chose a wrong way which does not befit a senior police officer. He approached all forums for quashing FIR, staying his arrest, among other prayers. He should have come before a judicial officer and marked his presence."
Pandey was admitted to a city hospital last Sunday after he complained of chest pain and other medical problems.
Without custodial interrogation, truth will not come out and anticipatory bail will adversely affect the investigation, the CBI lawyer said.
The 1982-batch IPS officer was Joint Commissioner of Police (Crime), Ahmedabad, when Mumbai-based Ishrat, her friend Javed Shaikh, alias Pranesh Pillai, and their associates Amjad Ali Rana and Zeeshan Johar were gunned down by Crime Branch sleuths on June 15, 2004 on the city`s outskirts.
Crime Branch had then claimed the four were terrorists, on a mission to kill Gujarat Chief Minister Narendra Modi.
According to the CBI chargesheet, the encounter was fake.
PTI
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts.
Cookies Setting
By clicking “Accept All Cookies”, you agree to the storing of cookies on your device and the processing of information obtained via those cookies (including about your preferences, device and online activity) by us and our commercial partners to enhance site navigation, personalise ads, analyze site usage, and assist in our marketing efforts. More information can be found in our Cookies and Privacy Policy. You can amend your cookie settings to reject non-essential cookies by clicking Cookie Settings below.
Manage Consent Preferences
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work or you may not be able to login.
Functional Cookies
These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.
Targeting Cookies
These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.
Performance Cookies
These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we may not know when you have visited our site, and may not be able to monitor its performance.