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This is an archive article published on June 12, 2013

SC refuses relief to top cop Pandey

The Supreme Court on Tuesday dismissed a petition by Gujarat Additional DGP P P Pandey,who sought protection from arrest and quashing of an FIR against him in connection with the alleged 2004 fake encounter case of Ishrat Jahan and three others.

The Supreme Court on Tuesday dismissed a petition by Gujarat Additional DGP P P Pandey,who sought protection from arrest and quashing of an FIR against him in connection with the alleged 2004 fake encounter case of Ishrat Jahan and three others.

Having heard the parties at some length,we are not persuaded to entertain the petition under Article 32 of the Constitution straight away. The petition is dismissed and the petitioner has the liberty to approach the High Court, the apex court said.

The court,at the outset of the hearing,had objected to Pandeys petition,stating that the apex court could not directly entertain his plea for quashing the FIR since he ought to have first approached the High Court.

Pandey apprehended arrest after the trial court issued an arrest warrant against him on May 2 for his repeated failure to respond to the summons of the CBI and present himself for inquiry.

Later,the CBI had also sought the assistance of the Gujarat Police to trace Pandey,who it alleged to be absconding. A 1980 batch IPS officer of Gujarat cadre,Pandey was JCP at the City Crime Branch at the relevant time.

On June 15,2004,Ishrat Jahan and Javed Shaikh alias Pranesh Pillai,Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter on the outskirts of Ahmedabad.

The CBI in its report to the Gujarat High Court had also accused the Gujarat Police of protecting officers accused in the case.

 

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