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This is an archive article published on July 4, 2013

Different facts,same conclusion

CBI contradicts some of Tamangs findings but agrees that encounter was fake

Though the CBI said on Wednesday that Ishrat Jahan and three others were killed in a fake encounter,the chargesheet contradicts some findings of Metropolitan Magistrate S P Tamang in 2009. It was Tamangs report that for the first time said the encounter was fake,leading to a fresh probe.

According to the CBI,Ishrat and others were killed exactly where they were shown to be killed as per the FIR of the Detection of Crime Branch,Ahmedabad.

Tamang had in his inquiry found that they were killed somewhere else and placed at the scene of crime at Kotarpur. CBI counsel Ejaz Khan told reporters Wednesday,I will leave interpretation of the chargesheet being contradictory to Tamangs report to you.

Ishrat,Javed Sheikh,Jeesan Johar and Amjadali Rana were killed at a road divider near Kotarpur Water Works. Tamang had said in his report,As per principles of medical jurisprudence,the rigor mortis was present on the entire body of the said deceased and it was well developed. Accordingly,as per my investigation,death of the deceased took place before 12 to 24 hours and the postmortem8230; commenced from 3.40 pm on 15-7-04,and calculating time from said moment,the death 8230;. appears to have taken place,in my inquiry,during the period from 3.40 p.m. on 14-7-04 to 3.40 a.m. on 15-7-04.

Medical jurisprudence was the base of Tamangs probe which established that the encounter was fake. However,the Special Investigation Team SIT appointed by the Gujarat High Court which probed the case and claimed it was a fake encounter,also had not included Tamangs report in its investigation.

While the CBI is quiet on the motive,Tamang had said in his report that DCB team headed by P P Pandey and D G Vanzara conspired the killings to get promotions and rewards. He had named 22 policemen including G L Singhal,DSP Tarun Barot and N K Amin,all of whom have been named by CBI.

The case diary

June 15,2004: Ishrat Jahan,Javed Shaikh,Zeeshan Johar and Amjad Ali Rana killed in an encounter near Ahmedabad. Police claims they were terrorists out to kill Narendra Modi.

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December 12,2006: Gujarat HC admits petition of Shamima Kausar,alleging that her daughter was killed in a fake encounter and demanding that the case be transferred to the CBI.

August 6,2009: Union home ministry submits to the HC evidence that Ishrat,Javed and the other two,allegedly Pakistanis,were terrorists belonging to LeT.

September 7: Magistrate S P Tamang concludes that the encounter was staged.

September 24: HC forms new SIT of Karnail Singh,Mohan Jha and Satish Verma. Karnail quits and is followed by Satyapal. J V Ramadu refuses to head the SIT.

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September 29: Home ministry tells HC its earlier affidavit was not relating to merits or otherwise of the police action but its primary concern was to see that inputs gathered by security agencies were not discredited.

April 17,2011: The SIT reconstructs the encounter with all 22 cops involved.

July 19: HC appoints Rajiv Ranjan Verma as SIT chief .

November 24: Satish Verma tells HC the encounter was fake and that Mohan Jha had forced several witnesses to retract.

December 17: CBI registers a fresh FIR against 21 cops,including retired DGP K R Kaushik.

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February 21,2013: CBI arrests Girish Singhal,who had pulled the trigger on Ishrat and the others,Tarun Barot,who was serving a jail term for the fake encounter of Sadiq Jamal,and two others.

May 27,2013:

CBI fails to submit the chargesheet in time. G L Singhal and three others out on bail.

 

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