HC stops monitoring Ishrat casehttps://indianexpress.com/article/cities/ahmedabad/hc-stops-monitoring-ishrat-case/

HC stops monitoring Ishrat case

Says since chargesheet has been filed,the matter is now with the trial court

The Gujarat High Court (HC) Friday ended monitoring the 2004 Ishrat Jahan fake encounter case after the CBI informed the court that it had filed chargesheet against eight persons in the case before the concerned trial court.

A division bench of HC,comprising Justices Jayant Patel and Abhilasha Kumari,disposed of various petitions of concerned parties in the matter and passed an order in this regard.

Speaking on behalf of the bench,Justice Patel said that since the chargesheet was filed,the matter had gone to the trial court. The law would now take its own course,he said. Justice Patel also observed that since the concerned trial court would be looking after the investigation under statutory provisions,it was not required to continue monitoring the same as per the precedents set by the Supreme Court. All the parties present before the court agreed to this following which the court passed the order.

The bench was monitoring investigation of the case ever since a Special Investigation Team (SIT) was constituted by it to probe the case. After the SIT gave the unanimous finding that the encounter was not genuine,the court had ordered the SIT chairman, R R Verma,to lodge a fresh FIR against the responsible officers while asking the CBI to investigate the case.

The court has been monitoring the probe since then. It had pulled up CBI for not being able to file a chargesheet within the stipulated 90 days from the day of arrest of the accused. CBI’s failure to file a chargesheet ultimately resulted in five accused policemen getting default bail in the case. After the agency filed the chargesheet on July 3,the court had adjourned hearing on the matter for July 26.