A local court today rejected CBI's request to grant further remand of Mehsana Deputy Superintendent of Police
(DySP) Tarun Barot in the 2003 Sadiq Jamal Mehtar "fake" encounter case, and sent him to 15-days' judicial custody in Sabaramati Central jail.
Special CBI Judge and Additional Chief Judicial Magistrate H S Khutwad rejected the central probe agency's plea, which sought three days' further remand after the completion of the two-day custody.
Barot was arrested by the CBI on September 25 following his interrogation for more than four hours at Gandhinagar office of the CBI. He is the second to be arrested after former Mumbai scribe Ketan Tirodakar in the case.
Earlier, the court had remanded Barot in two-day CBI custody.
Today, CBI again sought three more days' custody of the Gujarat cop on the grounds that during the interrogation Barot was non-cooperative, evasive and had not revealed details of the crime.
"We are faced with the offender who is not co-operating and not disclosing any details of modus operandi applied by the co-accused of the case," argued CBI counsel Ejaz Khan.
He also mentioned that in a case of fake encounter when a police officer is involved, Supreme Court has suggested awarding death penalty and this was also a case of grave crime.
Opposing the demand for further remand, advocate Rohit Verma, representing the accused, argued that the CBI has not showed what they have done in past two days during custodial interrogation.
"The ball has to go forward not in backward direction. They have to produce before the court what they have collected during the remand and on that basis they should seek further remand," he said.
After Additional Chief Judicial Magistrate H S
Khutwad pronounced the order rejecting further remand, Verma submitted an application seeking higher security for Barot inside the jail.
"During his service he was involved in high profile cases, some of them related to terrorism with top level security. Keeping this in the consideration court should direct the jail authorities to arrange for higher security in the jail," it said.
Following this, the court directed jail authorities to do the needful in the case.
Sadiq was killed on January 13, 2003 on the outskirts of the city in a joint operation of Anti Terrorist
Squad(ATS) and city Crime Branch.
After the encounter, it was claimed by the crime branch that they had intelligence inputs that Sadiq was a noted criminal in the league of persons like Dawood Ibrahim and Chhota Shakeel and had planned to kill BJP leader L K
Advani, Chief Minister Narendra Modi and VHP leader Pravin Togadia.
On the petition filed by the brother of Sadiq, the Gujarat High Court had in June 2011 ordered a CBI probe into the encounter case involving high rank officers, including suspended IPS officer D G
Vanzara, one of the key accused in the Sohrabuddin Sheikh fake encounter case.
CBI looking into allegations of Modi hand in 2003 encounter
"The CBI has for the first time submitted before a court that it is investigating "relevant points" of the allegations about the role allegedly played by chief minister Narendra Modi, former minister Amit Shah and top IB police officer Rajinder Kumar in the Sadiq Jamal Mehtar fake encounter case."