The Ministry’s move seeking documents from the CBI relating to the case will reflect on the autonomy of the investigating agency, the party said.

The Congress on Wednesday termed as “unwarranted” the Home Ministry’s move seeking documents from the CBI relating to Ishrat Jahan fake encounter case before granting sanction to prosecute Intelligence Bureau officials, and said it would reflect on the autonomy of the probe agency.

“The entire move is absolutely unwarranted and it is not required because that will reflect on the autonomy of the investigating agency,” senior party leader M Veerappa Moily told reporters outside Parliament House.

Home Ministry has sought certain documents from CBI related to the case with official sources quoted as saying that no sanction will be accorded in the case without proper application of mind for which material available on record is required.

CBI is learnt to be planning to seek legal opinion on whether the documents can be handed over or not to the Home Ministry.

The agency has sought sanction from Home Ministry to prosecute Special Director Rajinder Kumar (now retired) and three other officers in connection with the alleged fake encounter killing of college student Ishrat, in which the charge sheet has been filed after completion of investigation.