New Delhi: The Central government on Tuesday told
the Supreme Court that it was open to a CBI inquiry into the
alleged fake encounter killings of teenaged girl Ishrat Jahan
and three others, accused by Gujarat police of being LeT
operatives on a mission to kill Chief Minister Narendra Modi.
"We are open for an inquiry by CBI," Additional Solicitor
General, Haren Rawal told a bench of Justices B Sudershan
Reddy and S S Nijjar.
However, the apex court indicated that it would ask a
division bench of the Gujarat High Court to examine the
single judge`s order staying a magisterial inquiry report
terming the encounter as "fake and cold blooded murders."
The counsel submitted whatever intelligence inputs
furnished by the Centre are not "conclusive proof" and it was
for the states to act upon the inputs.
The Centre`s submission comes in the backdrop of the
Gujarat government`s claim that the encounter was genuine and
it was on the basis of certain intelligence inputs provided by
the Union Government to the state on the possible subversive
activities by terrorists.
Mumbai-based Ishrat (19), was killed in an encounter
along with Javed Ghulam Sheikh alias Pranesh Kumar Pillai,
Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul
Gani by crime branch officials near Ahmedabad on June 15,
The Gujarat government had faced an embarrassment after a
judicial magistrate on September 7, 2009 held the encounter as
"fake" and sought prosecution of the officers responsible for
"The primary concern of the Central Government was to
see that the inputs gathered by the Indian security agencies
and their efforts were not discredited. I say that it should
be clear to all that such inputs do not constitute conclusive
proof and it is for the state government and the state police
to act on such inputs.
"The Central government is no way concerned with such
action, nor does it not condone or endorse any unjustified or
excessive action," R V S Mani, Under Secretary, Internal
Security in the MHA said in the affidavit submitted to the
court by Rawal.
The apex court had earlier stayed all further proceedings
in Gujarat High Court relating to the killings after Shamima
Kausar, mother of Ishrat Jahan approached it challenging the
stay granted by the single judge.