A special CBI court in Ahmedabad today discharged former Gujarat DGP PP Pandey after he moved an application. Pandey was one of seven accused cops - who also include top cops D G Vanzara, G L Singhal, and N K Amin - implicated in the case on charges of criminal conspiracy, murder, abduction, and illegal detention of four persons including the 19-year-old Mumbra girl, Ishrat.
The court also held that being a government servant, permission to prosecute Pandey was not taken by the investigating officer from the state before filing of the charge sheet against him, as per section 197 of the CrPC.
As per the section, a court can not take cognisance of any offence alleged to have been committed by a government servant without previous sanction of the government. He claimed his non-involvement in the case and that none of the 105 witnesses had said about his (Pandey) involvement in the case. It also said that the witnesses' evidence were contradictory as they gave different evidence to different investigating agencies.
In the discharge petition filed in January 2017 Pandey had claimed that the case was based on circumstantial evidence and the chain of events had not been established prima facie and there is no material on record to show what could be the motive to be a part of the so-called conspiracy.More news: Cinemark's new policy bans large bags in theaters
What was the fake encounter?
He was ADGP-CID (Crime) when he was arrested by the CBI in July 2013 following his surrender before a court. Special CBI judge JK Pandya granted relief to Pandey.
" "Testimonies were conflicting" I will soon undertake a religious tour to Devas Dargah near Lucknow, Ajmer, and some temples to fulfill the vow I had taken", discharged former in-charge DGP of Gujarat, P P Pandey told TOI. In another case, the 2005 Sohrabuddin Sheikh encounter, eight IPS officers and two politicians - BJP national president Amit Shah and Rajasthan home minister Gulabchand Kataria - were discharged by a Mumbai CBI court. "Ultimately, justice has been delivered and I salute the judiciary".
Pandey, now out on bail, was the seniormost serving IPS officer when he was arrested in 2013 by the CBI in connection with the case.More news: Students walk out to support stricter gun laws
They were charged with kidnapping, murder and conspiracy. A total of four IB officers were summoned based on this supplementary charge sheet the others are former special director Rajinder Kumar and Mukul Sinha. It said there were eye-witnesses corroborating Pandey's role and how he met Jahan and Sheikh, who were in custody.
The 1980-batch IPS Pandey is the first accused to be discharged from the trial.
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