While the MHA is demanding the case diary from the apex investigating agency before giving its nod to file chargesheet against the former Intelligence Bureau (IB) director Rajendra Kumar, the CBI seems to be reluctant.  

The MHA has already made it clear that it cannot accord sanction for filing the chargesheet before scrutinizing all documents. The CBI, however, is mulling to take legal advice on whether the case dairy can be handed over or not to the Ministry.

According to a senior Home Ministry official, there are laws specifically mentioning that before giving nod for filling a chargesheet, the concerned department will independently investigate about the facts. It’s obvious that going through the documents, the MHA cannot examine the facts.

However, the CBI is insisting that it can only share these details with a court and without its permission the documents cannot be handed over to someone.

On being asked on the issue, the MHA official said that after filling the chargesheet, all documents come in public domain and hence the investigating agency should have no problem in handing over the details.

It’s worth mentioning that the CBI and the Home Ministry came at loggerheads over interrogation of Rajendra Kumar in connection with Ishrat Jahan fake encounter case.

The CBI had filled the chargesheet in the case without taking prior permission from the Home Ministry and sought for it latter.

According to chargesheet filed by the CBI, officers of IB were actively involved in the fake encounter of Ishrat and her three friends. Rajendra Kumar, appointed as joint director of Ahmedabad that time, had allegedly prepared fake report mentioning Ishrat and her friends as terrorists and their motive of targeting then Gujarat Chief Minister Narendra Modi.

Not only this, unsuccessful attempts were made to prove two Pakistanis killed along with Ishrat as Indians.

At that time, the Bharatiya Janata Party (BJP) accused the CBI of targeting IB officials due to political pressure.

At present, Rajnath Singh is the Union Home Minister and it would be interesting to see that how much the CBI will be successful in convincing the government.


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