Invoking charges of criminal conspiracy and murder against eight policemen, including two retired officers, the CBI today said the encounter of Sadiq Jamal was stage-managed and he was kept in illegal confinement of city crime branch.
The copies of the charge sheet, which was filed on December 22, were handed over to the accused today by the court.
The CBI has charge sheeted Deputy Superintendent of Police Tarun Barot, inspectors Jaysinh Parmar, Irshad Ali Saiyed and Kishoresinh Vaghela, sub-inspectors Ramji Mavani and Ghanshyamsinh Gohil and constables Ajaypalsingh Yadav and Chhatrasinh Chudasama.
While six policemen had been arrested in the case before the filing of the charge sheet, Saiyed had surrendered before the court after the charge sheet and a non-bailable warrant was issued against Vaghela in this case.
Apart from criminal conspiracy (Sec 120B of IPC) and murder (Sec 302), the eight policemen have also been charged
for wrongful confinement (Sec 342) and giving false information regarding an offence committed (Sec 203).
The charge sheet states that the probe, undertaken by the investigating agency, has found that Sadiq Jamal was killed in a stage-managed encounter while he was kept in illegal confinement of the Detection of Crime Branch (DCB)
It further mentions that the alleged accused police officials, in order to give this encounter a colour of genuine encounter, planted and effected recovery of a revolver and ammunition from the deceased.
Sadiq was allegedly shot dead on November 13, 2003 near Galaxy Cinema in Naroda area here by police officers on the grounds that he was a Laskhar-e-Taiba operative, who was on a mission to kill Chief Minister Narendra Modi and VHP leader Pravin Togadia.
The Gujarat High Court had in June 2011 transfered the case to CBI following a petition by Shabbir Jamal, brother of the victim.
The charge sheet states that Sadiq, a resident of Bhavnagar, was a petty criminal.
In September 2002, he was arrested on charge of gambling and released on bail the same day.
Sadiq had worked as domestic help of Tarik Parvin, an associate of underworld don Dawood Ibrahim, in Mumbai and later in Dubai. He had returned to India in 2002.
CBI has also arrested Mumbai-based former journalist Ketan Tirodkar in this case. However, the charge sheet has not mentioned his name.
Tirodkar had filed an affidavit in the Gujarat High Court stating that Sadiq was handed over to state police by Mumbai police.
The Subsidiary Intelligence Bureau (SIB), Mumbai, Crime Branch, Mumbai and Crime Intelligence Unit (CIU) Andheri had picked him up in December 2002 and interrogated Sadiq, CBI charge sheet said.
Ahmedabad DCB Police Inspector Tarun Barot left with other staff for Mumbai on January 2, 2003 and had brought Sadiq to the city on January 4, 2003, it said.
The charge sheet further mentions that Sadiq was illegally confined by DCB officials at Crime Branch Office at Bungalow No 15 in Shahibaug area, it said.
On the intervening night of 12 and 13 January 2003, Sadiq was taken to a secluded area near Galaxy cinema in Naroda by the accused.
Eleven bullets were fired by the encounter team, it said, adding that five and six rounds were respectively fired from .38 service revolvers of police inspectors J G Parmar and I A Saiyad.
When Sadiq was taken to the hospital, the doctor declared that he was brought dead, it added.