 "Vanzara, Pandey get bail in 2004 fake encounter case")
A Special Central Bureau of Investigation (CBI) court here granted bail to suspended police officers D G Vanzara and Prithvi Pal Pandey, in the 2004 fake encounter of Ishrat Jahan and three others on Thursday.
CBI judge K R Upadhyaya granted bail to the 1987-batch officer Vanzara, a deputy inspector general of police rank officer and additional director general of police Pandey.
Granting Vanzara bail on a personal bond of Rs 2 lakh and barring his entry to Gujarat, Upadhyaya said, “Application (of bail) is allowed.”
With this order, Vanzara will walk free after seven and half years. His advocate V D Gajjar told mediapersons, “Acchhe din aa gaye hain (Good days have come)”.
Gajjar also submitted before the CBI court that Vanzara had merely followed the orders of his “superiors”.
CBI opposed the bail plea saying Vanzara’s release can be a challenge to civil society and the suspended police officer can influence the trial of the encounter case. The court further said CBI did not deny the fact in the affidavit filed by the Intelligence Bureau (IB) in the Supreme Court that the four persons killed in the encounter had nexus with “alleged terrorist organisations”.
Pandey, who was the Joint Commissioner of Police of Ahmedabad city when the encounter took place, was given bail on execution of a personal bond of Rs 1 lakh with two surety bonds. The court also asked Pandey, who was in jail since July 2013 when he surrendered before the court, to submit his passport and not leave the country without its permission.
During the hearing, senior advocate Nirupam Nanavati, who argued on behalf of Pandey, said his client was booked in the case on the behest of other IPS officer Satish Verma. Nanavati also maintained that the CBI had not arrested IB officials, but only acted against the Gujarat police officials.
Public prosecutor for CBI, L D Tiwari, while opposing the bail, said Pandey was part of the conspiracy that had led to elimination of four persons. Tiwari also said that Pandey is an influential person who can affect the investigation in the case.
Ishrat Jahan, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter with Gujarat police on the outskirts of the city on June 15, 2004. According to CBI, it was a fake encounter orchestrated jointly by Gujarat police and the IB.
The CBI, which took over probe from the Gujarat High Court appointed Special Investigation Team (SIT), had filed chargesheet in August 2013 saying that the encounter was fake and executed in the joint operation by the city crime branch and Subsidiary Intelligence Bureau (SIB).
Vanzara, once considered close to Prime Minister Narendra Modi, had in September 2013 announced his resignation from the IPS, accusing the state government of not protecting police officers jailed in connection with alleged staged encounter cases. He is lodged in Sabarmati Central Jail since 2007 after his arrest in connection with alleged fake encounter killing of gangster Sohrabuddin Sheikh. He was subsequently made prime accused in the alleged encounter deaths of Sohrabuddin's associate Tulsiram Prajapati and the case of encountering Ishrat Jahan and three others.
The grant of bail to the two officers comes a day after former Director General of Police (DGP) of Gujarat P C Pande was let off by a CBI court in Mumbai for want of "prosecution sanction" in the 2006 Tulsiram Prajapati fake encounter case.
In December 2014, a special CBI court in Mumbai discharged BJP president Amit Shah from the alleged fake encounter killing cases of Sohrabuddin Sheikh and his wife Kauser Bi, and Tulsiram Prajapati. The Sohrabuddin and Prajapati cases were clubbed and transferred from an Ahmedabad court to the Mumbai court in 2012 following a Supreme Court order.
CBI judge K R Upadhyaya granted bail to the 1987-batch officer Vanzara, a deputy inspector general of police rank officer and additional director general of police Pandey.
Granting Vanzara bail on a personal bond of Rs 2 lakh and barring his entry to Gujarat, Upadhyaya said, “Application (of bail) is allowed.”
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However, the officer has been told to mark his presence before the court on every working Saturday. He is also barred from leaving the country.
With this order, Vanzara will walk free after seven and half years. His advocate V D Gajjar told mediapersons, “Acchhe din aa gaye hain (Good days have come)”.
Gajjar also submitted before the CBI court that Vanzara had merely followed the orders of his “superiors”.
CBI opposed the bail plea saying Vanzara’s release can be a challenge to civil society and the suspended police officer can influence the trial of the encounter case. The court further said CBI did not deny the fact in the affidavit filed by the Intelligence Bureau (IB) in the Supreme Court that the four persons killed in the encounter had nexus with “alleged terrorist organisations”.
Pandey, who was the Joint Commissioner of Police of Ahmedabad city when the encounter took place, was given bail on execution of a personal bond of Rs 1 lakh with two surety bonds. The court also asked Pandey, who was in jail since July 2013 when he surrendered before the court, to submit his passport and not leave the country without its permission.
During the hearing, senior advocate Nirupam Nanavati, who argued on behalf of Pandey, said his client was booked in the case on the behest of other IPS officer Satish Verma. Nanavati also maintained that the CBI had not arrested IB officials, but only acted against the Gujarat police officials.
Public prosecutor for CBI, L D Tiwari, while opposing the bail, said Pandey was part of the conspiracy that had led to elimination of four persons. Tiwari also said that Pandey is an influential person who can affect the investigation in the case.
Ishrat Jahan, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter with Gujarat police on the outskirts of the city on June 15, 2004. According to CBI, it was a fake encounter orchestrated jointly by Gujarat police and the IB.
The CBI, which took over probe from the Gujarat High Court appointed Special Investigation Team (SIT), had filed chargesheet in August 2013 saying that the encounter was fake and executed in the joint operation by the city crime branch and Subsidiary Intelligence Bureau (SIB).
Vanzara, once considered close to Prime Minister Narendra Modi, had in September 2013 announced his resignation from the IPS, accusing the state government of not protecting police officers jailed in connection with alleged staged encounter cases. He is lodged in Sabarmati Central Jail since 2007 after his arrest in connection with alleged fake encounter killing of gangster Sohrabuddin Sheikh. He was subsequently made prime accused in the alleged encounter deaths of Sohrabuddin's associate Tulsiram Prajapati and the case of encountering Ishrat Jahan and three others.
The grant of bail to the two officers comes a day after former Director General of Police (DGP) of Gujarat P C Pande was let off by a CBI court in Mumbai for want of "prosecution sanction" in the 2006 Tulsiram Prajapati fake encounter case.
In December 2014, a special CBI court in Mumbai discharged BJP president Amit Shah from the alleged fake encounter killing cases of Sohrabuddin Sheikh and his wife Kauser Bi, and Tulsiram Prajapati. The Sohrabuddin and Prajapati cases were clubbed and transferred from an Ahmedabad court to the Mumbai court in 2012 following a Supreme Court order.