Ishrat case: Centre for SLP challenging Guj HC order
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Last Updated: Friday, September 11, 2009, 00:26
New Delhi: The Centre on Thursday said it was contemplating filing a Special Leave Petition in the Supreme Court challenging the Gujarat High Court order staying the magisterial probe which held that the encounter in which Ishrat Jahan was killed was fake.

"We are thinking of filing SLP in the Supreme Court on all aspects of the (Ishrat) case", Law Minister M Veerappa Moily told agency adding the petition would cover all issues relating to the encounter, including the stay granted by the Gujarat High Court on the judicial probe.

The Minister, however, said a final decision on the issue is yet to be taken.

Moily said the magisterial probe ordered in 2004 must be taken to its logical conclusion and it should not be obstructed.

He said "many skeletons" can tumble out of the cupboards of Gujarat after the Ishrat case and the Centre was concerned about that.

The Gujarat HC had yesterday stayed Metropolitan Magistrate S P Tamang's report, which had said the police encounter killing Ishrat Jahan and three others was fake, and asked authorities of the High Court to look into the action of the Magistrate and take necessary action.

The Gujarat government had approached the High Court today demanding stay on the report.

Moily said whether publication of the magisterial probe report was right or wrong was a separate issue but the report was in fact in place.

Gujarat High Court judge Justice Kalpesh Javheri, while ordering the stay, had said the observations made in the magisterial probe report were beyond the jurisdiction of the judicial magistrate.

Moily stood by his yesterday's statement that a standing council has been removed in connection with with the central government's affidavit filed in the Gujarat High Court in the Ishrat Jahan encounter case.

However, he told a TV Channel that "we have not taken off that lawyer".

Bureau Report

First Published: Friday, September 11, 2009, 00:26

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