A special CBI court has ordered that the policemen made accused in the 2003 Sadiq Jamal fake encounter case should get a copy of the classified report prepared by the Intelligence Bureau (IB) just after giving custody of the Bhavnagar youth to the Gujarat police. The court, however, has put a pre-condition on the prosecution and defence lawyers that they will not make certain portions of report public.Last month, the IB had asked the CBI not to part with its intelligence report. It had refused to declassify the document and had conveyed to the CBI in a letter that revelation of its content would be a “threat to national security”.
The report was generated by Maharashtra’s IB officer Gururaj Savadatti on January 6, 2003. This document was supplied by the CBI under sealed cover to the court and, on the basis of this document, the court denied bail to some of the eight police officials accused in the case. The accused had then sought this document for the purpose of their defence. But the CBI requested the court not to part with the document because it was classified.The CBI had submitted that it would request the IB to declassify the document. However, the IB refused to do so citing threat to national security. The accused cops’ counsel Rohit Verma and Darshan Shah insisted that the court should order that the document be provided to the accused as a matter of right. The prosecution had relied on this document while opposing the bail pleas filed by some of eight accused cops.