Naming either Narendra Modi or Amit Shah in the Ishrat Jahan chargesheet would have given their opponents a lot of ammunition to fire against them. Three days prior to the chargesheet being filed it was clear from CBI sources that Modi or Shah would not be named in the charge sheet.
It may be recalled here that the CBI had said that it had the testimony of some police officials in which it was stated that D G Vanzara had spoken with white beard (Modi) and black beard (Shah) before the encounter. However the CBI was unable to get the requisite evidence to nail the two senior most leaders of the Gujarat state.
The entire episode regarding Modi and Shah began with the testimony of an officer by the name D H Gowswami. He claimed before the CBI that he was aware of the planning of the operation and was even privy to many conversations between the officers. It was at one such meeting in which D G Vanzara was present that the name of Modi and Shah cropped up. At first according to Gowswami, Rajinder Kumar told Vanzara to seek an approval from the CM and Home Minister. In a later meeting when another officer Singhal objected, Vanzara is said to have got angry and said that he has the approval of the CM and HM.
The CBI has recorded this testimony which was made before a magistrate. While this is admissible under law and the court could give a directive on the basis of this, the CBI does not have any proper evidence to show the involvement of Modi or Shah. CBI sources say it is under investigation and they would look to put up more on this angle in their following or supplementary chargesheet.
First and foremost, the testimony is based on hear say and cannot be treated as evidence. Even if the statement is made before the magistrate none can jump to a conclusion unless and until it is investigated and the crime linked. There are just statements and the CBI is still in the process of hunting for call records to show that there was permission sought from the CM and Home Minister. Further more the CBI will also try and match the statements made by Singhal who was told about the permission, Vanzara and once again Gowswami. On the other hand Kumar during his questioning has said that he is not aware of any such incident in which the names of the two leaders was taken.
The CBI has made the confession by Gowswami before the magistrate as part of the annexure in its charge sheet that was filed day before yesterday.