AHMEDABAD: After four cops were discharged by the special CBI court, two more cops – I A Saiyed and G H Gohil – approached court on Friday seeking discharge from the 2003 Sadiq Jamal Mehtar encounter case on the ground that there was no evidence of their involvement in the case.
Besides contending that there is no case against them on merit, the then police inspector Saiyed and police sub-inspector Gohil also submitted that the prosecuting agency, the Central Investigation Bureau, has not obtained mandatory permission from the competent authority to prosecute them under the provisions of section 197 of the CrPC, sources said.
The court issued notice to the CBI and posted hearing on April 3.
Both the accused cops have also court parity with co-accused, who were discharged by the special court earlier. Last month, the court had discharged retired DySP Tarun Barot and police constable Chhatrasinh Chudasama in this case.
On November 24, 2020, the then police inspector R L Mavani and police constable Ajaypalsingh Yadav were dropped from the list of the accused against whom charges were to be framed. The court had observed that the chargesheet did not reveal any evidence of their involvement in the case.
Earlier, retired DySP K M Waghela’s discharge plea was rejected. Another accused DySP JG Parmar has died pending the trial.
In all, eight police officials were booked for killing Sadiq, a youth from Bhavnagar, whom the city crime branch had claimed was a trained Lashkar-e-Taiba operative sent to kill the then chief minister Narendra Modi to avenge the 2002 riots. He was shot dead near Galaxy Cinema in Naroda on January 13, 2003.