Prajapati case: Court drops charges against ex-Guj police chief

MUMBAI: In another blow to the CBI, a special court here on Wednesday granted relief from prosecution to former Gujarat police chief P C Pande in the 2006 Tulsiram Prajapati alleged fake encounter case.

The court granted relief to Pande on technical grounds. The development comes a month after BJP president Amit Shah was granted relief in the Sohrabuddin Sheikh fake encounter case on December 30.

Special CBI judge M B Gosavi observed that for want of sanctions, the charges against Pande were to be dropped.

The CBI had stated that Sohrabuddin and his wife were abducted by Gujarat police's anti-terrorism squad in November 2005 and killed in a fake encounter near Gandhinagar.

Prajapati, an eyewitness, was also killed by the police in another fake encounter at Chapri village in Banaskantha district of Gujarat in December 2006. Pande, who was supervising the Sohrabuddin case, was accused by the CBI of deliberately delaying the investigations.

Pande's lawyer, Sachin Pawar, said the application was filed under section 197 of the Criminal Procedure Code under which an officer of his rank cannot be prosecuted without prior permission from the government.

"Moreover, his actions including removing and changing officers in the case, which were termed as suspicious, were all decisions that were taken by him while discharging his official duty. Hence, under section 197, these actions cannot be called a crime," Pawar said.

Pande was never arrested in the case. The chargesheet against him was filed in 2012. Pawar said the CBI had not sought the sanction even after the chargesheet was filed.

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