THE MURDER OF ISHRAT JAHAN

 



 

 

There is a lot of confusion in the minds of  certain individuals about the actual sequence of events in the Ishrat Jahan fake encounter case. This has given a lot of opportunity to members of Sangh Parivar to distort and mislead the public and present the murder of Ishrat Jahan as if it was a genuine encounter. Encounter as the name suggest means killing in self defense when the opponent challenges or open fires on the law enforcement agencies. This never happened as the case reveals

I am giving below a detailed account of the event which has generated a lot of interest in the media and in the minds of the common public.

 

THE CASE

 

1.    15.6.2004    

(A)            Ishrat Jahan and 3 others gunned down by Gujrat Police led by PI(Police Inspector) J.G.Parmar

(B)      FIR NO 8/2004 filed by Crime branch Gujrat Police against the following 4 persons

                     Jishan Johar,Amjadali,Javed & one unknown female terrorist

 2.    08.6.2006

  The I.O in the case Mrs Parixita Gurjar submitted her report concluding that they were terrorist and encounter was genuine. The report was submitted to Special Judge POTA

 3.    07.7.2006

  The POTA judge rejects the findings of the I.O and orders further investigation of the matter.

4.    24.9.2010

  The Gujat High Court in pursuance of various petitions filed before it, orders constitution of  a SIT.

 5.   01.12.2011

 The SIT unanimously concludes that the encounter was fake and submits its report to the Gujrat High Court.  Court orders filing of FIR with the CBI.

 6   15.12.2011

 Shri R.R.Verma head of the SIT files FIR with CBI. It states that since the encounter was fake, benefit of killing in self defense does not accrue to the Gujrat Police officers. They have therefore committed offences under section 302(murder) and various other sections of Arms Act

Accordingly CBI registers the case. Shri R.R.Verma subsequently left the SIT leaving behind the next senior officer Satish Verma to complete the job.

 7.  03.7.2013     CBI completes investigation and files charge sheet  

 

 

INVESTIGATION REPORT OF CBI IN CHRONOLOGICAL ORDER

              SUBMITTED TO THE GUJRAT HIGH COURT ON 3.7.13

 

1. April 2004

  Jishan Johar abducted from Ahmedabad by Sh Rajinder Kumar ( IB Special Director) and Sh G.L.Singhal IPS Officer. They were assisted by passive agents C1 and C2. According to Sh. Praween Swami ( Noted security analyst ) these were Gujrat based  jihadis trained in Pakistan who were persuaded to change sides.

Jishan Johar was kept in Gota Housing, Ahmedabad.

2. 26.5.2004

 Amjadali abducted from Ahemdabad by DCB and SIB officials

Kept in Arhan Farm house. This place was arranged by JG Parmar PI Crime branch. Amjadali has stated that he had come to commit some terrorist act in Ahmadabad.

3. 12.6.2004

 Javed and Ishrat Jahan abducted from Vasad Poll Booth Anand while travelling in a blue color Indica car Regd No 4786

Kept in Khodiyar farm. This place was arranged by Sh DG Vanzara .The following officers of the Gujrat Police met Javed and Ishrat Jahan while in illegal custody

Sh DG Vanzara,Sh PP Pandey,Sh Rajinder Kumar & Dr NK Amin

4. 13.6.2004

Jishan Johar shifted from Gota Housing to Khodiyar Farm

In the evening a plan to eliminate all the four was discussed at DG Vanzara office. Other present were PP Pandey and Sh Rajinder Kumar. The plan was to kill them and then lodge a FIR showing their death in a encounter.

 5. 14.6.2004

 3PM  Sh GL Singhal was called by Sh DG Vanzara at his office. A draft of the FIR which was to be lodged after the killing was there. Sh DH Goswami PI was also present

 11PM Sh DG Vanzara briefed the officers about the operation to be carried out which was to be according to the FIR already prepared

 6. 15.6.2004

 2AM  Gunmen Menat & Kalaswa report to GL Singhal

 4AM  NK Amin proceeds to the scene of the crime i.e Kotarpur Water Works with gunmen

Menat, JG Parmar,KS Desai and driver Rupabhai

Two constables bring Jishan Johar,Javed and Ishrat Jahan to the scene of the crime in a Indica Car. The same indica car in which Javed and Ishrat were travelling when abducted on 12.6.2004.

Car is parked across the road divider and Javed is shifted from backseat to the driver seat.

 GL Singhal reaches scene of the crime along with gunmen Barot,Kalaswa,Chaudhary,Chauhan and Nizammudin.

 BA Patel and Taljabhai brings Amjadali to scene of crime in a white qualis.He was made to stand behind the Indica car. BA Patel drove away and Taljibahi remained behind.

 Immediately afterwards NK Amin,Barot,Parmar,Kalaswa,Chaudhary opened fired killing all 4 of them.

 Kalaswa was further ordered to fire from AK-56 on the official gypsy of NK Amin. This gun was then planted on the body of AmjadAli.

 5AM The mission was complete and message was sent that in continuation of Intelligence  output a encounter took place and 4 suspected terrorist killed.Thereafter the FIR was registered.

 

A INTRODUCTION TO MAIN PERSONS INVOLVED IN THIS OPERATION

 

 

 

1. DG VANZARA    1987 batch IPS officer considered close to Modi. He  was DCP Gujrat Crime Branch. He is a encounter specialist responsible  for encounter killings of Soharubdin and his wife,Ishrat Jahan and 3 others, Samir Khan,Sadiq Jamal and many others. After every killings he used to say that they were out to kill Modi. Arrested in 2007

 

2. PP PANDEY  Senior Gujrat IPS officer( 1982 batch ). He was  the Joint Commisioner of  Police heading  the Gujrat Crime Branch when Ishrat Jahan was killed. Vanzara was working under him. He  is absconing and his whereabouts are unknown.

 

 

3. GL SINGHAL  Senior Gujrat IPS officer.Asstt commissioner of police Gujrat crime branch. He led the team which killed Ishrat Jahan. He is currently on bail.Reportedly he has handed over a tape to the CBI containing conversation with Home Miniser of Gujrat.His only son 17 yrs old has committed suicide.

 

 

4. NK AMIN  DSP Gujrat Police.He is also charged in the fake encounter of Sohrabbudin and burning the body of  his wife Kausarbi( The body was never found) . He was one of the person who fired on Ishrat Jahan to kill her and 3 others.He is under arrest.It is reported that he may turn approver.

 

 

 

5. JG PARMAR  Gujrat Police officer who fired on Ishrat to kill. Currently on bail

 

 

 

 

6. TARUN BAROT  Gujrat Police Officer he also fired on Ishrat to kill.   

 

7. MOHAN KALASWA  Fired 32 rounds from his AK-56 to kill. Later the gun was planted on the dead AmjadAli. Mohan Kalaswa is now dead.

8. RAJINDER KUMAR  1979 batch IPS oficer. Special Director IB.Generated the report that Ishrat and 3 others were terrorist. Supposed to be the main planner to kidnap and kill them. Went to meet Ishrat one day before killing them. Said to be present at the crime location when killing took place.

It is expected that he will be named in the supplementary charge sheet.

 

 

SOME FACTS AND CONCLUSIONS

 1. It would be seen that right from the beginning there was a deliberate delay by the Gujrat Govt to derail the investigation. Ishrat was killed on 15.6.2004. Gujrat Police submitted the report after 2 years on 8.6.2006.When the court rejected the report and ordered a fresh investigation the matter was kept pending for over 4 yrs. It  was only on 24.9.2010 that the Gujrat High Court took the matter in its own hand and ordered a SIT. There was absolutely no response from the Gujrat Govt to investigate the fake encounter inspite of serious allegations of murdering Ishrat. It would also be seen that the allegation by the BJP that Congress was behind this is entirely false. The entire investigation was ordered by the Gujrat High Court and is being monitered by it.

2. Ishrat and others were in police custody and were taken out early morning on 15.6.2004 and killed in cold blood. Under no stress of imagination this can be described as a encounter.

3. I for one would even go further and support the killings of  AmjadAli,Johar and Javed if it comes out to be that they were terrorists. Certain information do point towards that direction but needs further clarifications. But what was the sin of Ishrat? Just because she was travelling with Javed does she becomes a terrorist? She was a student supporting her family after her father's death by taking tuitions and embroidery work. She was working with Javed who she probably thought was into some genuine business. Javed knew the family and after the death of  Ishrat father  decided to help the family by employing her. She was travelling with Javed because he was her employer.There  is not a shred of evidence that she was a terrorist.

 4. BJP quotes that Headley statement to NIA mentions her as a suicide bomber. There is absolutely no mention of Ishrat in the NIA report. The former Union Home Secretary NK Pillai has categorically stated that there is not mention of Ishrat in the NIA report. Obviously this is invented by the BJP to justify her killings. Moreover Headley interrogation was done in 2010 so in 2004 how did the IB came to know that she was a  terrorist.

The other fact which BJP repeats is that Ishrat name is mentioned on the LeT website. The fact is that the LeT has already clarified that she has no connection with them. The Gujrat Police and the IB knew very well that Ishrat was innocent. They could have easily devised their operations in such a way that Ishrat could have been spared. But probably a innocent life has no value for them.

It is interesting to note that GL Singhal whose 17 yrs old son committed suicide told the CBI that divine justice was meted to him since he killed a innocent person.

 5. Another interesting fact comes out in the confessional statement of Bharat Patel a accused cop. He states

 " “On June 9, 2004, I (Patel) was with Singhal at about 10.15pm. Singhal had received a message from DG Vanzara to speak to him on the phone. When Singhal called him, Vanzara had instructed him to meet Rajinder Kumar at his residence.
It further states, “Accordingly, we both had reached there. We were told by JD (Rajinder Kumar) that Javed alias Pranesh Pillai, who was under watch of IB for associations and activities with Amjadali, was coming to Ahmedabad along with a girl.” “JD said that the persons would come in the Indica car, gave the number and colour (of the car) and directed to pick up both persons before they reached Ahmedabad, Singhal thought that the idea of picking up the girl was bad: first, the girl was not needed for operational purposes, and it would also lead to complications.”
The statement goes on: “Therefore, Singhal had opined that we should allow them to reach Ahmedabad and then wait for an opportunity to take the boy (Javed Sheikh) alone. Therefore, Kumar had talked with Vanzara. After an hour, NK Amin had come and I (Patel) and Singhal were relieved by Kumar.”

 In my opinion this was the right approach to spare the innocent girl. Javed could have been abducted unseen by Ishrat so that she would have remained ignorant about his whereabouts. Subsequently she would have been under the impression that Javed was killed in a real encounter. Though this was also unethical  but  if thought to be necessary by Crime Branch because of solid evidence that the 3 were terrorist,could be condoned.

GL Singhal advise also proves that the IB & Gujrat Crime Branch were absolutely certain that Ishrat was innocent.

6. Other fact which points towards the murder is that the FIR was drafted in advance on 14.6.2004 in the office of DG Vanzara. This pre prepared FIR was lodged after the killings were complete on 15.6.2004.

 7.  2 years later on 17.7.2006 Modi while addressing a Maharashra state BJP speaks about Ishrat. He says

“…Ishrat Jahan naam ki ek aatankvaadi ladki, jiska HAMARE Gujarat Police ke saath encounter hua…(wipes his face)…aur use maar giraya.”

He is not least bothered that a 19 yrs old girl is brutally murdered and her family is begging for justice. This is the extent that Modi can go to propagate that Muslims are out to kill him, a Virat Hindu. This is the false propaganda which has helped him win the 3 elections. Communal divide is his speciality not development. See the video.

Here it may also be mentioned that when GL Singhal met DG Vanzara on 14.6.2004 Dy SP DH Goswami was also present. DH Goswami has stated that Vanzara clearly told that Kaali Dari wala(Amit Shah) and Safed Dari wala(Modi) has given the clearance to kill Ishrat and others. Modi has now suddenly become dumb and refuses to speak on this case.

 8.  Let us throw some light on the contention of the BJP that since the operation was a joint operation of IB and Gujrat Police the Centre is involved and therefore the PMO is also involved. I heard on a TV discussion where a BJP representative was shouting that even Sonia Gandhi is involved ! At the time of the incident the chief of IB multi agency centre was Ajit Doval who ,it can be safely said must be advising the PMO. After retirement Ajit Doval has become Director of the BJP think tank Vivekanand International Foundation .He is a regular advisor to the BJP.He vociferously supports the killing of Ishrat. So if any information was conveyed to the PMO it was from a BJP sympathiser.

 9. After the killings it was claimed by the Gujrat Police that a bag containing explosive powder was recovered  from the blue Indica car. It  has now been established by the  forensic lab that the yellow powder was not at all explosive material. It is obvious that after the killing the fake powder was planted to show that the terrorists were travelling with the explosives to kill Modi.

 10. It is amazing that the killing squad did not receive a single scratch in the encounter. If the terrorists were armed( including a AK-56) how was it that they could not fire a single bullet on the Gujrat Police. This proves they were not armed but the guns were later planted on them.

 11.Statment of  9 police personnel's were recorded under section 164 CrPC before a magistrate. They vividly described how the police fired Nazi type on the unarmed persons killing all of them.

 12. It was claimed by the Gujrat Police that the persons in the Indica car were firing on them to prove that it was a encounter. Later on when the investigation was done by the SIT it was discovered that the empty shells found in the car did not match with the guns found on the bodies of the killed persons. It is clear that nobody fired on the police but the guns were planted later on.

 13. It was claimed that 4 persons were travelling in the Indica car. But later on after investigation it was found that 3 person were brought from Khodyar farm where they were being kept and  Amjadali was brought from Arhan farm house by a seperate car to the scene of the crime.

 

14.

From the above photograph it would be seen that though the floor of the car is fullydrenched in blood there is absolutely no blood on the AK-56 magazines. This could happen only if these magazines were planted after the killings.

 

15. 

From the above picture it would be observed that bullets were fired from the left of car and they emerged from the right of the car.The exit points of the bullets have a downward path. If as claimed by the police they were firing from across the road from depressed ground the exit path would have been upwards. Clearly these bullet holes shows that they were killed from very close quarters and barrels were pointed downwards.

See the the picture below. The body next to Ishrat is of Javed. His body is fully drenched in blood but the body of Ishrat has hardly any blood on it. It was claimed that Javed was on the driver seat and Ishrat was sitting beside him. So how is that Javed received so many bullets and Ishrat hardly any. It therefore looks like Ishrat who was drugged was killed separately. Javed received 14 bullets and Ishrat 4 that too on her neck only.

 

16. Many other facts would come to light when the CBI will file the 2nd charge sheet in the last week of this month. It may be pointed out that the Gujrat High Court has restricted the investigation to finding out only if the  encounter was fake or not. Whether the persons were terrorist or not is outside the scope of the SIT. Whatever it may be, if it is proved that the encounter was fake the culprits would be charged for murder under section 302 of CprC.

 

17. In the end it is my opinion that fake encounters to wipe out dangerous terrorists and gangsters cannot be entirely ruled out in view of the ground realities. There is a serious threat to our society from not only Pakistan but also from certain religious extremists inside the country. We can also not close our eyes to extremely slow moving criminal justice system. Bails are easily obtained and cases remain pending for years. Ultra Liberals on one side want all terrorists to be treated strictly under the judicial system and fanatics nationalist want them all to be shot in fake encounters. Both of these extremes cannot be justified. There has to be a middle path. The IB and Crime Branch should not go for killings under any pressure from political masters or in the pursuit for promotions and goodies from superiors. Terrorist are not born in one day. They have a background history,a record of their movements, record of their calls made on phones and so many other details which should be studied by the security agencies. Only on these basis when the concerned officers are satisfied that these are dangerous men with a mission to kill a decision to eliminate them shoud be taken. In this case Ishrat jahan was absolutely not a terrorist. This could have been easily discovered by visiting her family and knowing her background. Killing a innocent 19 yrs old girl was a heinous crime.

Now certainly extra judicial killings are punishable.Laws are necessary to protect the citizens from crime and are here to stay. One cannot throw out the baby together with the bath water. Therefore any such killings which are necessary to protect the society from heinous criminals should be properly planned and cunningly executed so that they remain outside the limits of law. There are many options. Killing them anonymously or killing them without any witnesses. Killing them through means other than shooting. Giving them option of torture or suicide. And so on.  In this case the Gujrat Police made the mistake of mixing Ishrat with these men. It therefore became necessary to kill her also. The IB and the Gujrat Police became extremely careless as if the judicial system did not exist for them.Even a fake encounter has to be genuine.

 

18. Inspite of whatever has been said above the feeling does remain in some corner of the heart that extra judicial killing is cruel. It is also true that our secret security organisations cannot be given unlimited freedom to decide whom to kill. History is witness that such organistions later on become a Frankenstein monster taking law into their own hands in pursuit of some fascist ideology or dangerous patriotism. They become rogue organisations. Hitler Gestapo can be quoted as an example. A perfect example is the ISI of Pakistan which has become a law unto itself. It has permeated all the Govt institutions and even decides the foreign policy of Pakistan. We cannot allow the IB or CBI to become a ISI. Therefore the time has come to give such encounters/killings the approval of the law of the land. We must appreciate that these agencies are working in difficult circumstances. Generally they are discharging their duties to protect the citizens and the nation from our enemies. So why should they be exposed and hounded like criminals when circumstances demand such killings. The Govt should consider inserting clauses in the CprC or amendment in the constitution to legalise such killings when authorised by the competent authority. At present a superior officers gives verbal instructions to his juniors to execute a encounter which is illegal in law. Instead this authority should be legally given to a committee or to a certain rank in the hierachy. The case should be put before them for their consideration  and they should issue orders for the encounter or killing if they are satisfied. This should be made legally valid. It would be something like President Obama issuing a executive order to execute Osama Bin Laden.

 

A.K. BUNDI

Subsequent to the writing of the above blog certain other developments have taken place in the case.

23.7.13  CBI announces a reward of 5lakhs each to anybody giving credible  information about 'Real Identity' of Zeeshan Johar and Amjad Ali Rana. Quite strange that these two were killed without knowing who were they.

 31.7.13 The main conspirator PP Pandey who has been absconing for the past 2 months presented himself before the CBI court in a strecher in connection with his bail application.He has been granted bail upto 06.08.13 by the Gujrat High Court .