Ishrat Jahan's family is likely to challenge the Union home ministry's decision not to prosecute four Intelligence Bureau officials in the alleged encounter case.

"I will decide (on the further course of action) after discussing it with Vrinda Grover. But ordinarily it is required to be challenged," advocate I H Syed, who appeared for Ishrat's mother Shamima Kausar, told PTI.   

Syed was answering a query on the Centre denying permission to prosecute four IB officials, including a retired official, who were allegedly involved in conspiracy behind killing of Ishrat Jahan and three others.   

According to Syed, as the MHA did not grant sanction to the investigative agency, charges cannot be framed against the officials, including the then joint director of subsidiary IB Rajender Kumar along with other sleuths M K Sinha, T Mittaland Rajiv Wankhede.   

"As permission under section 197 of the CrPC (a mandatory and prior permission to prosecute any government servant in a noffence) has not been granted, charges against the accused (IB officers) cannot be framed," he said.  

Earlier today, the MHA, after perusing the documents submitted by the Central Bureau of Investigation, turned down the agency's plea for prosecuting IB officials.   

The CBI had submitted its final report in the case to the home ministry, which is the cadre controlling ministry for IB personnel, two years back.