CBI sources said they have gathered enough evidence about the role of IB officers in the conspiracy but there are contrary views on whether sanction from Home Ministry is needed to prosecute Special Director Rajinder Kumar (now retired) and three other officers — P Mittal, MK 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, sources said.

Another opinion was that since he retired from service in July this year, the agency could go ahead with its chargesheet without any need for a sanction to prosecute.

The investigating agency does not want to go ahead with a half-baked case, hence the matter has been referred to Law Ministry for clarity.

Sources said that as far as the role of the said officers in the alleged conspiracy was concerned, the agency had gathered enough evidence against them.

They added that if Law Ministry felt that a nod from Home Ministry was needed before filing the supplementary chargesheet, CBI would send a request seeking sanction to prosecute the said officers.

However, if the Law Ministry feels otherwise, the agency would go ahead with its supplementary chargesheet, they said.

Meanwhile, on the question of any role by Gujarat Chief Minister Narendra Modi’s aide Amit 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 chargesheet.

Sources said Shah’s name had surfaced after suspended DIG DG Vanzara, who is one of the main accused, claimed that the former home minister had ditched him and other police officials who have been booked by the CBI in various encounter cases.

The CBI had recently questioned Shah in connection with Ishrat encounter case. Sources said he was asked about the charges levelled by Vanzara in his resignation letter.

Sources said that Shah was quizzed after jailed IPS officer Vanzara claimed in his resignation letter that the Gujarat government was "inspiring, guiding and monitoring" every police action from "very close quarters".

However, the CBI has not managed to gather suitable evidence to prove his direct involvement in the encounter or in the conspiracy behind it.

The CBI has alleged that the encounter was fake and was carried out jointly by Gujarat police and Intelligence Bureau officials.

In the first chargesheet filed in this case, the CBI had not gone into the details of the alleged conspiracy behind the encounter but tried to establish that it had been staged.

However, the investigating agency is expected to file a second chargesheet in this case soon.


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