The Supreme Court on Tuesday issued notices to the Centre and the Gujarat Government after Shamima Kausar,mother of Ishrat Jahan who was killed in an alleged fake encounter in Gujarat,sought its urgent intervention.
The Bench of Justices B N Agrawal and Aftab Alam sou-ght reply within four weeks on the appeal moved by Kausar,who had challenged the High Courts order of staying a judicial probe report,which had described the incident as a cold blooded murder.
While agreeing with Kamini Jaiswal,counsel for Ishrats mother,the Bench agreed to take up the matter early (originally listed for October 19) and issued notices to the respondents,including the CBI.
Kausar in her plea has sought vacation of the Gujarat HC order granting stay on the report of judicial magistrate S P Tamang. She has contended that the HC had wrongly entertained the petition of the Gujarat government in the pending matter in which she had sought transfer of the investigation 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 CJM,Ahmedabad. They have also sought summoning of the records of the Tamang report to the SC.
The Gujarat HC had on September 9 stayed Tamangs report on a plea by the state government,which contended that the observations made in the report were beyond the jurisdiction of the magistrate.