File affidavit for opposing CBI probe in Ishrat case: Guj HC

Ahmedabad: The Gujarat High Court today asked the state government to file an affidavit giving reasons for its opposition to CBI probe in Ishrat Jahan encounter case of 2004, instead of making oral submissions.

A division bench of Justices Jayant Patel and Abhilasha Kumari asked advocate general Kamal Trivedi, appearing for the state, to explain why despite instruction from the court before commencement of the hearing, the state government did not file any affidavit.

If state is opposed to transfer of Ishrat encounter case to CBI it has to demonstrate it with reasons for its opposition, the court told Trivedi.

The court would also like to know what material the state was relying upon to take such a stand, it said, adding that the state needs to file its reply in writing.

The Apex court has laid down certain parameters for transferring a case to CBI, and the petitioners have contended that the case falls within those parameters, the court said, adding the state has not indicated its stand despite earlier order.

Trivedi told the court that he would file an affidavit tomorrow.

Ishrat was gunned down by Gujarat police along with Javed Ghulam Sheikh alias Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani in Ahmedabad on June 15, 2004.