Centre files fresh affidavit in Ishrat Jahan case

Last Updated: Wednesday, September 30, 2009 - 15:56

Ahmedabad: The Centre on Wednesday filed a fresh
affidavit in the Gujarat High Court in the Ishrat Jahan
encounter case, saying it never justified the action of
Gujarat police and had no objection to an independent inquiry
in the case.

"The Central government was not concerned with the
merits of the action taken by the Gujarat Police and anything
stated in the (earlier) affidavit was not intended to support
or justify the action of the State police," the fresh
affidavit filed in the High Court today said.

"If, on a proper consideration of the facts it is
found that an independent inquiry and investigation has to be
carried out, the Union of India would have no objection to
this and would abide by the decision of the court," the
affidavit filed by Under Secretary, Internal Security-VI
in the Ministry of Home Affairs, R V S Mani said.

Judicial inquiry in the Ishrat Jahan case by
magistrate S P Tamang had concluded that the encounter of
Ishrat Jahan was fake.

After Magistrate Tamang`s report, the Gujarat government
quoting an earlier affidavit filed by the Centre in the High
Court, had tried to justify the encounter by saying that as
per Centre`s affidavit Ishrat and three others were linked to
Laskar-e-Toiba terror outfit.

Gujarat government`s action of justifying the
encounter of Ishrat, Javed Ghulam Sheikh alias Pranesh Kumar
Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan
Johar Abdul Gani, had resulted in war of words between the
Congress leadership and the ruling BJP.

After that, the Centre had decided to file a fresh
affidavit in the Gujarat High Court.

The earlier affidavit filed by the Centre said that as
per intelligence inputs all the four were LeT operatives and
had come to Gujarat for terrorists strike.

The fresh affidavit filed by the MHA says, "The
Central government in the said affidavit did not address any
issue relating to the merits or otherwise of the police
action. It was essentially concerned with the dealing of
allegations relating to the intelligence inputs which were
available with the Central government and which are shared on
a regular basis with the state governments.”

"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. It should be clear to
all such inputs do not constitute conclusive proof and it is
for the state government and the state police to act on such

The Central government is in no way concerned with
such action nor does it condone or endorse any unjustified or
excessive action," the fresh affidavit said.

"The main purpose of the (earlier) affidavit was to
highlight the contradictions in the pleadings averred in the
petition filed by the petitioner Sahmima Kausar, mother of
Ishrat Jahan and by Gopinatha Pillai, father of Javed alias
Pranesh Pillai....," the new affidavit said.

The earlier affidavit made it clear that the public
order and law and order are state subjects. It further made it
clear that whilst the police action of June 15, 2004 had been
inquired into by the Additional Director General of Police
(CID and Intelligence) of the Gujarat Police, the allegations
made in the petition in relation to the incident and the
inquiry had to be replied to properly by the state of Gujarat.

The Gujarat High Court had later stayed the judicial
inquiry report of Magistrate Tamang.

The High Court had also earlier formed a committee of
three IPS officers to probe into the encounter case which took
place on June 15, 2004 on the outskirts of city.

Bureau Report

First Published: Wednesday, September 30, 2009 - 15:56

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