Ishrat case: Centre for SLP challenging Guj HC order

Last Updated: Friday, September 11, 2009 - 00:26

New Delhi: The Centre on Thursday said it
was contemplating filing a Special Leave Petition in the
Supreme Court challenging the Gujarat High Court order staying
the magisterial probe which held that the encounter in which
Ishrat Jahan was killed was fake.

"We are thinking of filing SLP in the Supreme Court on
all aspects of the (Ishrat) case", Law Minister M Veerappa
Moily told agency adding the petition would cover all issues
relating to the encounter, including the stay granted by the
Gujarat High Court on the judicial probe.
The Minister, however, said a final decision on the
issue is yet to be taken.

Moily said the magisterial probe ordered in 2004 must
be taken to its logical conclusion and it should not be

He said "many skeletons" can tumble out of the
cupboards of Gujarat after the Ishrat case and the Centre was
concerned about that.

The Gujarat HC had yesterday stayed Metropolitan
Magistrate S P Tamang`s report, which had said the police
encounter killing Ishrat Jahan and three others was
fake, and asked authorities of the High Court to look into the
action of the Magistrate and take necessary action.

The Gujarat government had approached the High Court
today demanding stay on the report.

Moily said whether publication of the magisterial probe
report was right or wrong was a separate issue but the report
was in fact in place.
Gujarat High Court judge Justice Kalpesh Javheri, while
ordering the stay, had said the observations made in the
magisterial probe report were beyond the jurisdiction
of the judicial magistrate.

Moily stood by his yesterday`s statement that a
standing council has been removed in connection with with the
central government`s affidavit filed in the Gujarat High Court
in the Ishrat Jahan encounter case.

However, he told a TV Channel that "we have not taken
off that lawyer".

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First Published: Friday, September 11, 2009 - 00:26

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