Ahmedabad: The Gujarat High Court today
directed the state government to get the view of the special
investigation team (SIT), probing some 2002 riot cases, if it
was willing to take investigate the Ishrat Jahan encounter
The direction was issued by a division bench of
justices Jayant Patel and Abhilasha Kumari, while hearing a
petition seeking review of the high court`s order transferring
the probe in the Ishrat case to Supreme court-appointed SIT.
The petition was filed by Gopinath Pillai, father of
Javed Ghulam Sheikh alias Pranesh Kumar Pillai who was one of
the three persons killed in police encounter along with Ishrat
in June 2004. Further hearing of the case is scheduled for
The court asked high court advocate general Kamal
Trivedi, appearing on behalf of the state government, to
obtain SIT`s view if it was willing to take up the probe in
the case or not.
The court said if the SIT was not desirous of taking
the work assigned to it, then it may have to take up its order
Trivedi further informed the court that following its
order of August 12, SIT had made representation with the apex
court and a letter containing the details of what actually
transpired in the apex court would be reaching the high court
Appearing for the petitioner, Mukul Sinha said his
petition was independent of the fact whether SIT would probe
it or not. He said that review has been sought on some legal
aspects and on whether probe should be transfered to the SIT.
The same division bench hearing the case today, had on
August 12 ordered transfer of probe in the encounter of Ishrat
and three others to SIT.
They had also rejected plea of Gopinath and Ishrat`s
mother Shamima Kausar, for CBI inquiry in the case.
In its order, the court had observed that there was no
material on record to conclude that the encounter was with
malafide intentions and, therefore, the plea for a CBI inquiry
by the mother of the girl was not granted.
But it agreed that the probe done by the previous
police officers was found to be not satisfactory and hence the
genuineness of the encounter deserved further investigation.
Mumbai-based Ishrat 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 15,2004.
Gujarat Police at the time of encounter claimed that
Ishrat and three others were LeT operatives on a mission to
kill Chief Minister Narendra Modi.