Let the facts speak

Abiding by the rule of law necessitates that the truth be always known. The truth in the Ishrat Jahan encounter case of 2004 in Gujarat appears to have been many times obfuscated,although the Ahmedabad metropolitan magistrates inquiry in 2009 and the latest SIT investigation,which submitted its report late last month to the Gujarat high court,both concluded that the said encounter was not a genuine one. Nevertheless,the high courts decision to hand over the case to the Central Bureau of Investigation CBI,along with the registration of a fresh FIR in order to provide credibility and instil confidence in the investigation is welcome. The Ishrat Jahan case will now be the fourth such encounter killing probed by the CBI in Gujarat.

The division bench itself has called this case exceptional. The fact that it has dragged on for so long,through more than one investigation and so much controversy,calls for an impartial,independent and speedy probe that entertains no attempt at obstructing,distracting or slowing down due and necessary process. The central question here is,of course,not the actual associations and activities of the slain that is another matter but whether an extra-judicial act of killing,in other words,murder,took place. The court cited several reasons for bringing in the Central agency,including differences within the SIT and the slow pace of its work initially. However,the Gujarat governments initial reluctance to include any Central officer in the investigation,its repeated attempts to persuade the court to transfer the probe to a Special Task Force and its non-compliance of court orders to transfer some of the police officers connected to the case all underscore the precise contours of the discomfort felt.

The CBI has to move quickly and work unhindered. It is not just contradictory claims and conflicting strands of evidence that the CBI has to sort out; it also must unravel the kernel of truth as to whether the encounter was genuine or fake. For,whether the rule of law reigns in India or makes a mockery of itself is the truth we need to know.