 Online edition of India's National Newspaper Wednesday, Aug 25, 2010 ePaper | Mobile/PDA Version |
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AHMEDABAD: The Gujarat High Court has sought clarifications from the Supreme Court-appointed Special Investigation Team (SIT) whether it was inclined to take up the investigation into the Ishrat Jahan alleged fake encounter case. The SIT is headed by the former CBI Director, R. K. Raghavan A Division Bench of the High Court, comprising Justices Jayant Patel and Abhilasha Kumari, allowed State Advocate-General Kamal Trivedi to verify from the SIT whether it was prepared to accept the responsibility given to it by the same Bench last week. “Bring on record” The Advocate- General was asked to “bring on record” the SIT's opinion on the matter by August 31, when the next hearing on the review petition, filed by Gopinath Pillai, father of Pranesh Pillai alias Javed Sheikh, and Shamima Kausar, mother of Ishrat, has been fixed. Javed Sheikh and Ishrat, along with two alleged Pakistan-based terrorists, were killed in an “encounter” on the outskirts of Ahmedabad in June, 2004. According to reports, the SIT had drawn the attention of the Supreme Court to the High Court order entrusting the investigation into the Ishrat Jahan case to it and the Supreme Court reportedly expressed surprise at it since the SIT was constituted by it to probe the 2002 communal riot-related cases and not fake encounter cases. In their review petition questioning the Division Bench's earlier order to hand over the investigation to the SIT and reiterating the demand for CBI investigation, the petitioners contended that the High Court order had erred on several grounds and required to be reviewed. Not a statutory body Advocate for the petitioners Mukul Sinha submitted that the High Court had no jurisdiction to direct the SIT, which was not a statutory body, but was formulated by a judicial order of the Supreme Court to investigate the communal riot-related cases, and the same could only be done by the Supreme Court. He demanded that the High Court direct the CBI to probe the case. The Bench agreed to review the case on jurisdictional ground and fixed the next hearing to August 31. Meanwhile, the Danta court on Monday send all the four Rajasthan cadre policemen and accused in the Tulsiram Prajapati fake encounter case to the judicial custody in Palanpur at the end of their 14-day police remand.
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