Ahmedabad: A senior police officer named in
magistrate S P Tamang`s report which had stated that the
encounter of Ishrat Jahan and three others in 2004 was fake,
on Friday told the Gujarat High court that he is ready to face a
Nirupam Nanavati, the lawyer representing police officer
G L Singhal, told the division bench of Justices Jayant Patel
and Abhilasha Kumari that his client is ready to face a CBI
enquiry in the case, but he is opposed to observations made
by Tamang in his report.
Singhal, presently SP in the state Anti Terrorist Squad
(ATS), who has been named in Tamang`s report, has sought
quashing of the report contending that it was beyond the
The state on the other hand has opposed CBI enquiry in
the case contending that there was already a Special
Investigation Team (SIT) constituted by a single Judge of the
High Court last year to probe the encounter.
Nanavati said they had no preference as far as the
investigating agency was concerned.
"The magistrate had no authority under the law to conduct
the enquiry which was beyond his jurisdiction," he further
Nanavati further submitted Tamang in his report had made
baseless observations which were beyond the scope of enquiry.
He said at this stage there was no requirement for him to
prove his client`s innocence who had performed his duty as a
Mumbai-based Ishrat (19) was gunned down by Gujarat
police along with Javed, Amjad Ali alias Rajkumar Akbar Ali
Rana and Jisan Johar Abdul Gani in Naroda area of Ahmedabad on
June 15, 2004.
The Gujarat police had then claimed that Ishrat Jahan and
the three others were LeT operatives on a mission to kill
Chief Minister Narendra Modi and carry out attacks on various
parts of India including Gujarat.
They had further said the encounter was carried out based
on specific inputs from the Central intelligence.
Mukul Sinha, representing Javed`s father Gopinath Pillai
who had sought CBI investigation in the case today argued that
even the Central government in an affidavit filed in the Apex
Court has not objected to the CBI probe.