SC notice to Gujarat in Ishrat case

Centre, State and CBI told to reply in four weeks

A bench comprising Justices B N Agrawal and Aftab Alam asked the Centre, State Government and the CBI to respond to the petition in four weeks.

Advocate Kamini Jaiswal, appearing for Ishrat’s mother Shamima Kaushar, said the allegations in the FIR filed against Jahan after her death should be probed by the CBI. Jahan was killed in an encounter, and later an FIR was lodged branding her as a terrorist, she added.

Jaiswal said the judicial probe conducted by Metropolitan Magistrate S P Tamang on the order of the chief judicial magistrate, Ahmedabad, should be made public quashing the Gujarat High Court order.

The high court had on September 9 stayed Tamang’s report on a plea by the government, which contended that the observations made in the report were beyond the jurisdiction of the magistrate.

Justice Kalpesh Javheri, while staying the report, had also ordered the appropriate authority under the high court to look into Tamang’ proceedings and take necessary steps.

The report had held senior police officers responsible for “staging” the encounter. A Gujarat police team had shot dead four persons, including the 19-year-old Ishrat, on June 15, 2004 on the outskirts of Ahmedabad, claiming that she had been a terrorist, who had reached the city to eliminate Chief Minister Narendra Modi. The three others were identified as Javed Ghulam Sheikh alias Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani.

But Tamang, who conducted the mandatory magisterial probe under the provisions of the Criminal Procedure Code, concluded that Ishrat Jahan and three others were murdered by the police in cold blood in a staged encounter.

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