B L Saraf
CBI has declared that Ishrat Jahan and her three associates were killed in a “fake encounter in cold blood” in a joint operation by the Gujarat police and Intelligence Bureau (IB). In a preliminary charge sheet filed in an Ahmadabad court, the CBI charged seven police officers for offences that include murder and wrongful confinement. The CBI sought more time to investigate the role of four officers from IB. The facts of the case which broadly emerge are that in the early months of 2004 the IB had received inputs that Pak sponsored LET terrorists namely , Ishrat, Javed Shiekh, Amjad Ali Rana and Zeeshan Johar had entered Gujarat to assassinate CM Narender Modi. According to the Gujarat police when they tried to intercept them they opened fire which they returned, resulting in death of all of terrorists. However, the CBI has a different story to tell . According to it, the slain persons were abducted from elsewhere, kept in captivity by the IB persons and the Gujarat police and then bumped off in cold blood. Due to the constraints of space, it can’t be detailed here how CBI came into the picture and what went ahead of filing the charge sheet.
The inputs of the IB were evaluated by the Union Home Ministry- to whom the IB reports – and were found creditable. That is explained by its affidavit, filed in Gujarat High Court to defend the petition of father of Javed Shiekh, wherein it said that the killed persons were LET terrorists who had come to Gujarat to indulge in the terrorist activities. It is intriguing matter how, as an after thought, the position was changed by the MHA, though the IB still persists with the authenticity of its inputs. The issue, therefore, stands muddied. Competing interests have stepped in.
The fight has , unfortunately, turned political. The Congress party challenges Narender Modi’s PM candidacy and has been asking questions , who ordered the “fake encounter.” On the other hand the BJP sees CBI ‘s move as politically orchestrated by the ruling Congress party to impede the rising political fortunes of the Gujarat Chief Minister, after having failed to meet him politically. BJP accuses central government of manipulating the CBI by not allowing it to probe Ishrit’s LET links.
Regrettably, the conduct and working of central premier investigating agency has been such as to lend its working to be evaluated on the considerations not necessarily professional.
It is not prudent to commen there upon the merits of the case, or speculate on the outcome of the trial. But one cannot ignore the implications of the case on the morale of intelligence gathering agencies. The nation has been paying enough on account of lack of credible intelligence to curb the Maoist and other kinds of terror which has sniffed out hundreds of innocent lives and those of the brave security personnel. They pose a serious threat to the national security . If two premier agencies of the GOI, who are entrusted with the job of making nation secure and ensure maintenance of law and order, go on fighting against each other on the issue which has a serious security implication, how adversely would it affect the working of the officers of respective agencies cannot be left to a guess.
Every intelligence officer will think twice, henceforth, before venturing out to gather information and share it with the local police, for fear of consequences.
Here, a law abiding citizen of the country becomes worried. What adds to his worry is the prevailing security scenario of the nation. In the beginning of the month, around 100 armed Maoist terrorists ambushed and killed a SP and four policemen in Jharkhand. In the previous month militants attacked army convoy in Srinagar and martyred dozens of brave soldiers. Prior to that the armed terrorists nearly wiped out the whole Congress leadership in Chhattisgarh. For a patriotic countryman, so long he has a good governance, it is immaterial whether Congress rules the country or the BJP comes to the helm.
The most disturbing aspect of thecase is that the’ bleeding hearts’ on the call, the chest beating tribe of the so called H R activists’ and libertarians have jumped in and are trying hard to high jack the issue and give it a communal colour. Tender age of Ishrat Jahan, her feminine gender are invoked to claim her innocence and demonise the Gujarat establishment and one of the important institutions of the GOI. Ishrat may be innocent. But she couldn’t be so on the pleas debated by the ‘Tribe’. It is a known fact that the terrorist organisations across the world have recruited the boys and girls of tender age to commit the dastardly acts of terrorism. Rajiv Gandhi was blown topieces by a young female LTTE terrorist. And who can forget aeroplane hijacker Laila Khalid of the PLO. The argument may sway the sentiment of some momentarily and build up a negative perception in some sections of the society. But it won’t work in the long run.
CBI or any other agencies has a right to indict the culprit and pin down any recalcitrant political figure – howsoever he / she may be. But nobody has a right to bring down India or the Indian State, directly or collaterally . CBI would do a great service to the country-not necessarily to its politicalmasters-by investigating the angle indicated by the IB. Under playing it will only gladden the hearts of subversive elements safely ensconced in a neighbouring country and their friends here.
CBI’s silence in the matter- in view of persistent stand of the IB- will dent its image. Country needs to know the truth – nothing but the whole truth .
(The author is former Pr District & Sessions Judge)
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