New Delhi: The Supreme Court Friday indicated that it would not quash the second FIR filed in the Ishrat Jahan and three others' staged shootout case in which Additional Director General of Gujarat police Puthvipal P. Pandey has been named as an accused and a magistrate court has issued arrest warrants against him May 2.
An apex court bench of Justice Gyan Sudha Misra and Justice Madan B. Lokur told senior counsel Ashok Shukla appearing for Pandey that the court was unanimous that the second FIR could not be quashed on a writ petition filed under Article 32 of the constitution.
The court also made it clear that it was unanimous the senior Gujarat cadre IPS officer would have to move the state high court challenging the issuance of warrants of his arrest or seeking the quashing of the FIR that was filed on December 16, 2011, in pursuance to the December 1, 2013, state high court order directing the registration of the same by the CBI.
Having said this, Justice Misra said that she was inclined to grant some interim protection to the senior police officer for four weeks or six weeks from being arrested but the senior counsel Shukla will have to persuade Justice Lokur on this count.
Justice Lokur asked Shukla, "(Why) You did not challenge the order (of filing second FIR).
As Justice Misra sought CBI's response to the option offered by the court, Jaisinh said that she could not "consent" such a interim protection and "no protection could be given to an absconder".
Ishrat Jahaan, Pranesh Gopinath Pilai, Amjad Ali and Jishan Johar were liquidated by Gujarat police in a staged shootout June 15, 2004.
Initially the investigation into the encounter killing was carried out by the Gujatrat police which had filed a closure report. The Gujarat police had claimed that the quartet were Pakistani fidayeens who had come from Jammu and Kashmir to assassinate Chief Minister Narendra Modi.
The court adjourned the hearing till Tuesday.
Comments
| Quick linksNews
National
International
Regional
Politics
Education & Career
Business
Science & Technology
Health
Views & Analysis
The Funny Side
© 2012 Awaz Multimedia & Publications. All rights reserved.
Sharad Pawar compares Modi to inflated balloon"In my entire political career spanning nearly 50 years, I have learnt that the more a balloon is inflated, the sooner it bursts," Pawar said on the growing clamour within the Bharatiya Janata Party (BJP) for Modi to take a commanding position for the next »
Also Read: BJP delays decision on poll campaign committee chief
Interest based banking system disastrous: Khalilur Rahman Sajjad NomaniThe existing banking system which is based on interest is disastrous and the main reason why economies are trembling and inflation, noted Muslim cleric »
Against this backdrop, the protest staged in different parts of the state and outside, and the concerns expressed by a large number of people from all across the country and abroad were something which should have been taken note of by the state government immediately »
Speaking at a reception to celebrate the completion of two years of 'India Is' and the Global Photography Challenge and Video contests held under its auspices, Khurshid said the photographs and videos contributed by »