NEW DELHI (TIP): The one-man panel probing the missing papers pertaining to Ishrat Jahan case affidavits has concluded that the five documents mentioned in the note sheet but not part of the home ministry file were “removed, knowingly or unknowingly, or misplaced” between September 18 and 28, 2009. This was the time when P Chidambaram was home minister.

The panel has, however, not gone into who could have removed or misplaced the papers, leaving it to the home ministry bosses to take a call on further probe to fix responsibility.

A copy of one of the five missing documents-letter written by then home secretary (HS) G K Pillai to the attorney general (AG) on September 18, 2009 -has been retrieved by the panel, comprising additional secretary in the home ministry B K Prasad, from a computer hard disk.

Pillai told TOI that Chidambaram had called then joint secretary (internal secu rity) D Diptivilasa to his office and dictated the revised affidavit, which dropped references to Ishrat’s LeT link and backed a CBI probe into the encounter. It was only after the second affidavit was drafted that it came to Pillai for approval. He subsequently wrote to the AG to vet the affidavit, as approved by the home minister.

Chidambaram maintains Pillai is equally responsible for the revised affidavit.

According to a senior officer, the panel, in its 52-page report submitted to Union home secretary Rajiv Mehrishi, has quoted Diptivilasa, now retired, as saying that when the file came back to him from the home minister and home se cretary in September 2009, the relevant papers were missing.

The four papers still missing are -office copy of the letter sent by the then HS to AG on September 23, 2009; draft further affidavit as vetted by AG; draft further affidavit amended by then home minister on September 24, 2009; and office copy of the further affidavit filed in Gujarat high court on September 29, 2009.

Interestingly , Diptivilasa was the only officer who did not appear before the panel, even though he lives in Noida. He chose to reply to a questionnaire that was sent to him. “All the remaining 10 officers were examined face-toface,” said a senior officer.

Prove you are Indian, ministry tells RTI applicant seeking Ishrat panel details

In a rare instance, the home ministry has asked an RTI applicant to prove he is an Indian before disclosing details about the one-member panel looking into the missing files related to the alleged fake encounter case of Ishrat Jahan. Senior IAS officer B K Prasad, additional secretary in the Home Ministry, heads the inquiry panel. The RTI application was filed with the ministry seeking copies of reports submitted by the panel besides file notings related to extension in service given to Prasad. “In this connection, it is requested that a proof of your Indian citizenship may please be provided,” the MHA said in its reply. As per RTI Act, 2005, only Indian citizens can seek information. Usually, a proof of citizenship is not required to file an application.