The Supreme Court (SC) on Monday stayed all further proceedings in the Ishrat Jahan case in the Gujarat High Court relating to the "fake
encounter killing" of the alleged teenage extremist by the state
While staying the proceedings, a Bench of Justices B Sudershan Reddy
and Deepak Verma posted the matter for further hearing to December
apex court passed the direction on an application moved by Shamima
Kaushar, Ishrat Jahan's mother, complaining that the Gujarat High
Court (HC) should not take up any matter relating to the issue as the
matter is pending in the apex court.
objected to the fact that the matter was listed today for final
disposal even though the apex court had on October 6 issued notice
to the state.
apex court had earlier on October 6 issued notice to the state on
Shamima's petition challenging the Gujarat High Court order staying
the report of the magistrate S P Tamang, who had strongly indicted
the state for stage managing the encounter killing.
Ishrat's family had 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.
Gujarat High Court had on September 9 stayed Tamang's report on a
plea by the Narendra Modi government which contended that the
observations made in the report were beyond the jurisdiction of the
Tamang's report had said the encounter in which 19-year-old Ishrat
and three others were gunned down in 2004 while allegedly plotting
to kill Modi was fake and executed in cold blood by police officers
for selfish motives.
report of the investigation conducted by the magistrate had held
senior police officers responsible for "staging" the encounter.
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.