NEW DELHI: The CBI has told a special court in Ahmedabad that it cannot name BJP leader and former Gujarat home minister Amit Shah as an accused in the alleged 2004 fake encounter of Ishrat Jahan and three others as there is no sufficient evidence available to take the step.The probe agency, which did not name Shah as an accused in the two chargesheets filed earlier in this case, has said there is no prosecutable evidence at hand to nail Amit Shah. "In response to an application filed under 319 of the CRPC in gujarat court by Gopinath Pillai around two months back, CBI has responded saying that evidences collected in the case is in front of the court. Now it is for the honourable court to decide," a CBI spokesperson said today.A top CBI official told ET that the agency has "satisfied itself" by probing the material against Shah in the case and that the same does not qualify as "prosecutable evidence".ET was the first to report on April 4 that CBI would be telling the court that it has no proof against Shah. CBI Director Ranjit Sinha, in an interview to ET in February had said: "Though there were some doubts about Amit Shah's role in Ishrat case, we found no prosecutable evidence."The court is hearing a plea filed by Gopinath Pillai, father of Javed Sheikh, who was among those killed in the alleged fake encounter. Pillai has challenged CBI's decision to clear Shah in the case, arguing that the agency "deliberately" ignored some of the evidence that went against Shah.In his petition filed in March, Pillai has cited records of Shah's phone calls with some of the accused police officers in the case and statements given to CBI by some officers. Some of these officers in their statements, which were sworn testimonies before a magistrate, said they had overheard other accused officers mention that the fake encounter had the approval of Amit Shah as well as Gujarat Chief Minister Narendra Modi. But CBI has termed this as "hearsay evidence" to dismiss it."The list of evidences cited by Pillai has already been looked into by the CBI and we are convinced that the same do not constitute any prosecutable evidence," a CBI official said, adding that the material can now be revived only if there is some fresh evidence. "It will be the court's call whether or not to arraign Shah as an accused based on this existing material," the officer said.The court can, however, reject CBI's argument. In the Arushi murder case, a CBI court in Ghaziabad had rejected the agency's closure report, ordering arraignment of Arushi's parents as accused in the trial. But the CBI's stance at this stage will come as a relief for Shah, who is managing the BJP's election campaign in the politically-crucial state of Uttar Pradesh.