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Ishrat Jahan case hits yet another roadblock

AHMEDABAD: Fresh investigations into the Ishrat Jahan alleged fake encounter case have hit yet another roadblock. In a new twist to the situation, the Maharashtra cadre IPS officer Satyapal Singh has filed an application in the Gujarat High Court seeking permission to be relieved as the chairman of the Special Investigation Team constituted by the High Court to probe into the Ishrat Jahan encounter citing “language problem” and other issues.

A Division Bench of the High Court comprising Justice Jayant Patel and Justice Abhilasha Kumari has asked Mr. Singh to continue till July 15 and also asked the Central Government to forward another panel of IPS officers from States other than Gujarat for appointment as the SIT chairman in place of Mr. Singh.

Constituted less than six months ago, Mr. Singh is the second SIT chairman asking to be relieved. The SIT was constituted under the chairmanship of the former Joint Police Commissioner of Delhi, Karnail Singh, with two Gujarat cadre IPS officers, Satish Verma and Mohan Jha to assist him.

But even before the investigation into the alleged fake encounter got under way, differences cropped up among the three SIT members over the manner of investigation and the their powers of investigation. Soon after, Mr. Karnail Singh was transferred from Delhi to Mizoram and Mr. Singh sought permission of the High Court to be relieved as the Mizoram Government was not prepared to spare him to continue with the Ishrat Jahan investigation.

In the absence of a chairman, the High Court gave full powers to Mr. Verma to continue with the investigation asking Mohan Jha to look after only the administrative matters concerning the SIT. Mr. Verma, however, failed to make much headway as a bunch of police officers filed a petition in the High Court and later in the Supreme Court expressing apprehension that Mr. Verma would harass them “for personal reasons” if he was allowed to continue with the unbridled powers given by the High Court of questioning or arresting any police officer in connection with the case.

Mr. Satyapal Singh was appointed the new chairman of the SIT only about a fortnight ago from a panel of names recommended by the Centre. But soon after his appointment, the Maharashtra Government reportedly raised objections with the Centre and expressed reluctance to spare Mr. Singh for the Ishrat investigation. After much confusion, Mr. Singh took over the SIT chairmanship only this week and his first act was to summon two senior police officers, G. L. Singhal and Tarun Barot, both members of the Ahmedabad Police Crime Branch who had eliminated Ishrat Jahan and three others in June 2004. The two officers had appeared before Mr. Singh only on Thursday even as the SIT was preparing its progress report to be submitted to the High Court.

During Friday's hearing on the SIT progress report, Mr. Singh through his advocate Mihir Thakore submitted an application stating that since there were differences between the two other members, Mr. Verma and Mr. Jha, he was “facing embarrassment”. In addition, he said since the statements were recorded in Gujarati, he was finding it difficult to function as the SIT chairman and wanted to be relieved.

The submissions irked the court with Justice Patel remarking that such excuses were unbelievable. The Court also pulled up the Centre for suggesting such an officer who was “soft-pedalling” the probe. It took Assistant Solicitor-General P. S. Champaneri to task for recommending Mr. Singh's name earlier and for his assertion then that the Maharashtra cadre IPS officer would be spared by his home State and he would have ample time to devote for the Ishrat Jahan investigation.

The Court on this count allowed time to the Centre to resolve the issue and if necessary suggest name of another officer. The next hearing in the case and decision on Mr. Singh's request to be relieved has been posted for July 15.

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