The Supreme Court on Tuesday issued notices to the Gujarat government and the Centre in the wake of urgent intervention sought by Shamima Kausar in the Ishrat Jahan case.
The bench of justices B N Agrawal and Aftab Alam sought a reply within four weeks on the appeal moved by Kausar,who had challenged the Gujarat High Court’s order of staying a judicial probe report which had described the incident as a cold blooded murder.
While agreeing with Kamini Jaiswal,the counsel for Ishrats mother,the bench agreed to take up the matter early,as it was originally listed for October 19. It issued notices to the respondents,which included the CBI too. The investigating agency was also asked to furnish replies as it has been a party in the petition filed before the Gujarat HC.
In her plea,Kausar has also sought vacation of the Gujarat HC order granting stay on the report of Judicial Magistrate S P Tamang. She has contended that the High Court had wrongly entertained the petition of the Gujarat government in the pending matter in which Kausar had sought to transfer the investigation of the case to the CBI.
Ishrats family contended that the Tamang report could not be stayed as the Magistrate had conducted the inquiry on the order of the Chief Judicial Magistrate in Ahmedabad.
They have also sought summoning of the records of the Tamang report to the apex court.
The Gujarat High Court had on September 9 stayed Tamangs report on a plea by the Narendra Modi government,which contended that the observations made in the report were beyond the jurisdiction of the magistrate.
A single judge bench of Justice Kalpesh Jhaveri,while staying the report,had also ordered the appropriate authority of the High Court to look into the actions of Tamang and take necessary steps.
Tamangs report had said that the encounter in which 19-year-old Ishrat and three others were gunned down in 2004 while allegedly plotting to kill Chief Minister Modi,was fake and executed in cold blood by police officers for selfish motives. The report of the investigation conducted by the magistrate had held senior police officers responsible for staging the encounter.
The four persons,claimed to have been killed by the police in an encounter on the outskirts of Ahmedabad on June 15,2004 were Ishrat,Javed Ghulam Sheikh alias Pranesh Kumar Pillai,Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani.