CBI may move MHA next week seeking nod to prosecute IB

CBI is likely to approach the government next week seeking sanction for prosecution of four Intelligence Bureau officials, including its former Special Director Rajinder Kumar, in Ishrat Jahan fake encounter case.
CBI sources said the agency may write to the Home Ministry next week seeking sanction to prosecute the Intelligence Bureau officials in the encounter as advised by the Attorney General G E Vahanvati.
Vahanvati had on Friday given his opinion suggesting CBI needed a prior nod before prosecuting Intelligence Bureau officers in the case but feels that not taking the sanction at the time of filing the charge sheet is not fatal to the case.

The sources said the agency would also inform the competent court about the advise and subsequent action taken by it. However, it would be open for the court to direct the agency accordingly.
They said the court is unlikely to take cognisance of the charge sheet unless this process is completed but it would all depend on the court to decide further.
Earlier, CBI Chief Ranjit Sinha had acknowledged there was a difference of opinion within the agency on the issue.

"There was a difference of opinion between me and the Director, Prosecution, and therefore, the matter was referred to the Attorney General," he had said.

He said the Home Ministry will be handed over the request for granting sanction for prosecution against the senior retired officer and the serving subordinate staff.
CBI had filed a charge sheet in the special court in Ahmedabad on Thursday against Kumar, a 1979-batch IPS officer, and P Mittal, M K Sinha and Rajiv Wankhede. The former Special Director has been charged with criminal conspiracy and murder while the other three were slapped with charges of criminal conspiracy, wrongful confinement, kidnapping and wrongful concealment of facts.