Mukul Sinha, lawyer for Javed Shaikh alias Pranesh Pillai, alleged there was political pressure behind Kumar not being made an accused in the first charge sheet submitted in the 2004 Ishar Jahan encounter case.
"I am surprised his(Kumar) name was not there," he added.
Sinha said Kumar should not only be named but also arrested especially when the CBI submitted in its charge sheet that the fake encounter was a "joint operation" between Gujarat police and Subsidiary Intelligence Bureau (SIB).
The charge sheet, however, said investigation is on against Kumar and other four officers of the IB.
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The court of Additional Chief Judicial Magistrate H S Khutwad was also told that a supplementary charge sheet would be filed against IB officers once the investigation was over.
Besides Ishrat, a 19-year old college girl and Shaikh, Amjadali Akbarali Rana and Zeeshan Johar were killed in the encounter near Ahmedabad on June 15, 2004.