The Hindu : National : Hearing begins on petitions to shift Ishrat Jahan case to CBI

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National

Hearing begins on petitions to shift Ishrat Jahan case to CBI

Manas Dasgupta

Pleas filed by Ishrat's mother and Gopinath Pillai, father of Javed Sheikh

AHMEDABAD: The Gujarat High Court has began a day-to-day hearing on two petitions for handing over the Ishrat Jahan alleged fake encounter case to the Central Bureau of Investigation (CBI), taking it away from the State police.

The petitions were filed separately by Shamima Kausar, the mother of Ishrat Jahan, and Gopinath Pillai, the father of Pranesh Pillai alias Javed Sheikh, who along with two Pakistani alleged terrorists was killed in the State encounter with Ishrat.

Arguing the case before a division bench comprising Justices Jayant Patel and Abhilasha Kumari, the counsel for Ms Kausar, I. H. Saiyed, said the alleged involvement in the case of a top ranking IPS officer of the rank of DIG and other senior police officers had put a question mark on the credibility of the investigation by the State police.

He said Ms. Kausar had full faith in the national investigating agency and the case should be handed over to the CBI for investigation.

Motive

The counsel for Mr. Pillai, Mukul Sinha, raised the question of motive behind the encounter pointing out that at the time when the State police claimed threat to the life of the Chief Minister, Narendra Modi, which led to the encounter, there was no corresponding tightening of the security around him nor was there any general alert issued to the police stations which was expected in such a situation if the top police brass knew about the plot. Such casual approach cast doubts about the police version of the events which could be cleared only by a CBI inquiry.

Arguments to continue

The arguments on the issue would continue in the next few days. Ishrat Jahan, Javed and the two Pakistani nationals were killed in 2004 in an encounter near Ahmedabad by a crime branch team headed by Deputy Inspector General D.G. Vanzara who is now in jail in connection with the Sohrabuddin Sheikh encounter.

Magistrate's ruling

In August last year, a metropolitan magistrate of Ahmedabad who conducted a routine inquiry had ruled it to be a case of fake encounter which encouraged Ms. Kausar and Mr. Pillai to file the petitions for CBI investigation.

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