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Ahmedabad:
The Gujarat government on Thursday filed an affidavit in the Gujarat
high court questioning the keenness of Central government for a CBI
probe on Ishrat Jahan and three others encounter.
In an affidavit filed by secretary of home department T S Bist
before the division bench of Justice Jayant Patel and Justice
Abhilasha Kumari, the state has strongly objected to transfer of
probe to CBI in the case, which has been demanded by kin of those
killed in encounter
In serious terrorist attacks, like the attack on Indian Parliament,
26/11 terror attack on Mumbai Akshardham terrorist attack case or
the Ahmedabad serial blast case, the police of respective states
have investigated successfully, the affidavit said.
Also in Gujarat the number of encounters is very less as compared to
other states bordering Pakistan, it added. "The Centre may be called
upon to point out as to in how many cases in these states it has
shown its keen overzealous preparedness to take up investigation
through CBI," the affidavit stated.
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.
The advocate general of Gujarat High Court Kamal Trivedi appearing
on behalf of the state, not only objected to CBI probe in the case,
but also expressed strong reservations against inclusion of any
officer of central agencies like CBI or NIA in the special
investigation team constituted by the HC to probe the encounter.
On Tuesday, the court had sought state government's response on
reconstitution of SIT, to this the state government insisted that
only police officers of Gujarat should be included in SIT.
The government also said that the same SIT should be allowed to
continue, since the petitioners have also not expressed any
discontent against its functioning.
The assistant solicitor general, Pankaj Champaneri appearing for the
Centre, reiterated the union governments stand that it is ready for
CBI probe. Also, CBI's counsel Yogesh Ravani told the court that
transfer of entire probe to CBI would be more comfortable for the
investigating agency than inclusion of some officers of CBI in SIT.
The court has sought opinion of all litigants on involvement of
officers of central agencies in SIT "for better functioning so far
as coordination and administration aspects are concerned".
The litigants include Ishrat's mother Shamima Kausar, Javed's father
Gopinath Pillai.
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