Ahmedabad: Lawyer of Ishrat`s mother
today demanded CBI inquiry in the case of her encounter along
with three others saying that they do not have faith in
I H Sayyed, lawyer of Ishrat`s mother Shamima Kausar,
today submitted before the division bench of Justice Jayant
Patel and Justice Abhilasha Kumari, that the state`s conduct
was biased with regard to investigation in the case.
Ishrat, along with three others, was killed in an
encounter by Gujarat police on June 15 2004.
The Gujarat government has, however, maintained that
Ishrat and three others were terrorists linked to
The State government itself has challenged magistrate
S P Tamnag`s report which has named officers of the level of
Director General of Police (DGP) behind the encounter of
Ishrat and three others in June 2004, Sayyed submitted.
The state in its petition against Tamang`s report has
stated that it was beyond jurisdiction and cannot be relied
upon, he added.
He also submitted that bias of the state was evident
when it did not file an FIR against police officers after
Tamang`s report was released.
"The report prima facie discloses a cognizable offense
hence an FIR should have been filed against the suspects and
further probe ordered," Sayyed added.
Sayyed said that Tamang`s report was not admissible as
evidence in court had to be examined at the time of trial, but
even then the State government was keen on getting it quashed.
One of the police officers named in Tamang`s report,
Superintendent of Police in the Anti Terrorist Squad (ATS)
Girish Singhal, has also sought quashing of the report.
Sayyed said that since two of the deceased were from
Pakistan and had come from Mumbai after visiting other states,
including Kashmir as per city crime branch which conducted the
probe, there could be national and international ramification
of the case, therefore probe by independent agency like CBI
He also cited number of judgements to substantiate his
demand for CBI investigation in the case, which also included
the Sohrabuddin Sheikh fake encounter case of 2005, where the
Supreme Court had ordered transfer of probe to CBI from state
CID after it found that CID`s investigation was biased and
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 15,2004.
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.
According to police, the encounter was carried out
based on specific inputs from the Central intelligence that
Lashkar-e-Toiba was planning to carry out attacks on various
parts of India including Gujarat.
The Union government in an affidavit filed in the Apex
Court with regard to Ishrat and three others says that they
were in regular touch with LeT operatives particularly to
carry out terrorist attacks in Gujarat.
Sayyed submitted that based on the scientific
evidences in the case, the crime branch had inferred that the
encounter of Ishrat and three others was genuine, which they
had said in an affidavit in High Court.
"But based on that same evidence magistrate Tamang has
inferred that the encounter was fake," he added.
The Gujarat High court was hearing the case after the
Supreme Court, on April 19, asked it to constitute a division
bench to hear the petitions filed by the deceased kith
demanding a CBI inquiry into the encounter.
Ishrat`s mother Shamima Kauser, Javed`s father
Gopinath Pillai had appealed in the apex court against stay on
Tamang`s report by the single judge of Gujarat High Court.
Tamang`s report had said that Ishrat`s encounter was
fake and executed `mercilessly` by shooting the victims from
`close range` with motive to get promotion and to impress
upon the chief minister and get his accolades.