What are the legal standpoints of the prosecution and the defence in the Ishrat Jahan fake encounter case? The case has pitted the BJP and the Congress in a bitter battle of words. What does the CBI chargesheet actually say? What could be in the next chargesheets to be filed by CBI? CNN-IBN's Ahmedabad bureau chief Meghdoot Sharon joined IBNLive readers for an interaction on the issue.
Q. Why CBI has confined its probe to its so called Fake Encounter only. Don't you think the court will also take cognizance of back ground and identities of those were bombed off. Asked by: Satya
A. Hi folks. Good afternoon. That's a good question Satya. But irrespective of whether the four persons had terror links or not. The established fact is that they were held in illegal confinement and killed in cold blood.S o whatever their creden tials, the law of the land sees this as cold blooded murder.
Q. In India no politician has ever been convicted for any crime and don't you think that again CBI is being ordered to do certain things against Modi so that again his image can be hampered as he is gaining popularity which is bad for congress knowing that election are next year. What your call on this? Asked by: g
A. Purely from a legal point of view, the first charge sheet has no mention whatsoever of any political connection to the crime. But yeah, let me assure you this is not the end of the story, there is going to be a supplementary charge sheet soon and maybe a few supplementary charge sheets. One never knows how things will pan out. But ever since I've joined journalism, I've heard this allegation that the CBI is used by one party against the other or leaders of the other party.
Q. Dear Sir, It's an open secret that Indian National Congress has waged a hate campaign and vendetta to stop Mr Modi and using all pity tricks to malign and stop him, knowing very well that to defeat Mr Modi politically will be literally beyond their competency. How much would it effect Mr Modi? Your views please. Asked by: Satya
A. Interestingly, even before the charge sheet was filed, Mr Modi has been daring the Congress to name him or arrest him in the Ishrat Jehan encounter. It actually suits Mr Modi and his brand of politics, when an impression is being created that the CBI is being used against him. But as the case stands today, Mr Modi has not been named in the charge sheet so there's no point in speculating.
Q. Dear Sir, It's not established in court verdict as cold blooded murder but only appears so in the CBI Charge sheet which works upon the orders of its masters and their credibility is under serious suspicion. Your views pleased. Asked by: Satya
A. Yes true. I completely agree. This is an averment made in a charge sheet and this charge sheet will have to pass through a trial before one is declared guilty or not guilty. I'm only stating what the charge sheet is saying.
Q. If they succeeded to kill innocent people then is the court able to relive them again? Asked by: Ashwani Kumar Singh
A. Ashwani Saab, I presume you're asking whether the courts will be able to do justice to the families of those killed. This case is still at the investigation stage. Subsequent charge sheets will be filed. More evidence will emerge. Then trial begins and it will be up to the CBI to prove guilt of those involved even as the accused will reserve the right to defend themselves. Justice is still a bit far away.
Q. Dear Sir, Why the mainstream media is so biased against Mr. Modi despite undermining the norms of Indian Public and their aspiration for NaMo. It there any nexus between the Indian National Congress and many media houses? Asked by: Satya
A. Satya, I'm here trying to put into perspective the status of investigations in this encounter case. As of now there's no mention of any political conspiracy or involvement of any political leader in the charge sheet. So where's the question of being biased against or for any political leader, including Modi.
Q. If CBI says that Ishrat had links with Let and the encounter was fake then people's perception will go against Govt and CBI? Asked by: Hari
A. Yeah Hari. But the fact is as of now, there is just one statement by LeT operative David Haedley that Ishrat was a fidayeen. And that statement is before the police, which is not admissible evidence. Hari, the question here is, and this is also the scope of investigation for the CBI, is that whether the four had terrorist links or not. Were they killed in a genuine encounter or a staged encounter? Whatever be the outcome of the trial, as of now, the CBI has concluded that the four were killed in cold blood. People would argue, if someone is a terrorist, capture him and let a court decide on his punishment.
Q. Intelligence bureau gives hints on terrorist then, both the state and IB eliminate those people, why is the Ministry Of Home Affairs silent when it's the IB that is in trouble? Asked by: Hari
A. Yes. Valid question. And that's the precise reason why this particular encounter case has grabbed national attention. As of now, the charge sheet does not name any IB official as accused. Let's wait and see Hari. There will be supplementary charge sheets as well.
Q. We consider CBI as one of the most authentic, impartial and efficient investigative agencies but then one point keeps pondering me is that why wasn't a suspected bomber questioned or interrogated in a clandestine manner and why was she encountered like some dreaded terrorist? Asked by: Tanveer Mohammad Masood
A. That's precisely the mandate of the CBI in this investigation, Mr Tanveer, and as of today, the CBI has concluded that all the four including Ishrat, whatever be their background, were illegally confined and killed in cold blood.
Q. Dear Sir, My presumption was not based upon your replies but majority of people who are following media from months feel their tilt towards Congress and they incessantly campaigning to demonise Modi. The media has stopped covering Mr. Kejriwal and Aam Admi Party as well as various important issues to avert face off of the Govt. Even I read yesterday in rediff that NDTV is behaving like Gujarat is an Enemy state and Pakistan is a friendly nation. Your views please. Asked by: Satya
A. Satya, there will always be perceptions. I'm sorry if I'm not answering your question directly, but I'll repeat again.When the CBI has not named any politician, where is the question of demonising anybody Sir?
Q. Today IB very much is in Trouble, 2004 they done all things with idea of both state and central, today central ready to put IB in trouble to score political points? Asked by: Hari
A. Yes. There is a debate whether institutions like the IB can be asked as to where and how information and intelligence is collected .
Q. How one could prove that Modi was culpable? Did he order to kill them out of any personal motive? Asked by: kumar
A. As of now, Kumar Sir, the question of Modi being culpable does not arise. No politician has been named in the charge sheet yet.
Q. There were many gossips- Modi/Amit Shah involved. If it is true, why they are not charge sheeted? If Modi is involved what could his motive to kill these 4 individuals - I am asking for motive which is legally acceptable to punish them? Asked by: kumar
A. The CBI has not mentioned any political motive or the involvement of any politician in its charge sheet. So at this point there's no political motive to be talked of. But I get your point, if the CBI, in its supplementary charge sheet, does name any politician, then it would have to clarify on the motive aspect.
Q. What was the reason behind UPA government changing the affidavit about this encounter? Asked by: Bharat
A. That was the stage when the matter had yet not been handed over to the CBI. The present charge sheet is silent on the terror links of the four persons who were killed. Maybe the CBI will throw more light in this is in subsequent charge sheets..
Q. Is the information right that LeT announced the name of four encountered as part of them in their website and later on they removed? Asked by: Basu
A. That part was indeed in the news when the encounter happened.But it is not part of the charge sheet that has been filed.
Q. State government not acted on its own and they even didn't know these 4 people till IB informed them. Now state government got blamed, hereafter any state Govt will act on IB inputs? Asked by: Hari
A. Dear Hari, the charge sheet says that this killing was a co-ordinated effort between some IB and state police officials.
Q. Why didn't the police arrested them instead of killing them? Asked by: Zaid
A. They were required to do that under provisions of the law. But they did not do it. And that's why cops have got arrested and charge sheeted.
Q. It seems that the congress strategists are working overtime to wipe out the NaMo effect. They seem to have more PR guys than leaders? Ishrat Jahan should get justice. But the timing of the charge sheet is more than what meets the eye? Do you think as a nation if we are going to talk on lines of vote banks we will ever progress? One famous line that comes to mind is ' aaj bhi sau mein sattar aadmi jab nazaaz hai; dil par haath rakh kar kahiye kya yeh desh azaad hai? Asked by: Ankush
A. The timing of the charge sheet is more to do with a High Court order than anything else, Ankush. The Gujarat High Court had directed the CBI to file a charge sheet in this case on or before 4th July.And it did so, complying with the directive.
Q. Why our legal system took 9 years to file a charge-sheet? Don't you think it's too late to justify the incident and the crime (if made) has lost its intensity by now? Asked by: Hardik Kinariwala
A. This case was first investigated by the Gujarat police, which concluded that it was a genuine killing.. Then a SIT took over.. and concluded it was a fake encounter.. And now finally the CBI has come in... Families of those killed have been saying exactly this...
Q. GK Pillai Former secretary told CNNIBN, Ishrat was involved in suspicious activities? It's not true, means then who is really authorized to say about terrorist? Can we directly give input to CBI to confirm the terrorist? Asked by: Hari
A. While the CBI will in its subsequent charge sheets, elaborate on whether the four persons killed had any criminal background or links to terror outfits, the charge sheet says they were killed in cold blood. According to law, murdering a criminal is also a crime. Thanks everybody for writing in.
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