Ishrat
Jahan case: Contempt notice to Gujarat official
Thursday April 21, 2011 10:31:12 PM,
IANS
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Gandhinagar:
The Gujarat High Court Thursday issued notice for contempt
proceedings against a senior state home ministry official for
delaying transfers of the top police officers in relation to the
Ishrat Jehan staged shootout case. The notice is returnable May
11.
A high court bench of Justice Jayant Patel and Justice Abhilasha
Kumari issued notice to the additional chief secretary of the home
department while hearing the status report filed by the Special
Investigation Team (SIT) which is probing the shootout under its
orders.
The court had earlier directed the government to transfer three
police officers - additional DGP P.P. Pande, superintendent of
police G.L. Singhal and deputy superintendent of police Tarun
Barot - who are the target of investigation by the SIT.
Justice Patel told Advocate General Kamal Trivedi that prima
facie, the state did not comply with the court's order and it
would like to initiate contempt proceedings against the officer
who failed to comply with the orders.
Justice Patel said: "There is material on record to suggest that
the officers were not transferred till the Central Forensic Team
and team from AIIMS visited the state. Prima facie it seems to
have been an attempt of the state to hamper the investigation."
The court also allowed the SIT chief, Karnail Singh, to be
relieved from the team. The court noted that considering the stand
taken by the Mizoram government, where Singh has been transferred,
it was desirable to relieve him from the SIT.
Demarcating duties, the court then handed over the actual
investigation of the case to SIT member Satish Verma while
directing the other member, Mohan Jha to look after the
administrative work. The court has allowed Verma the discretion to
choose any officer who is not connected with the case for
assisting him and directed the government to spare such an officer
for help in carrying out the probe.
Instead of allowing registration of second FIR in the case, the
court wanted the SIT to conduct the probe at this stage based on
the first FIR. The court however allowed Verma to interrogate and
arrest people that may be required based upon the material
available with him.
The court also concurred with Karnail Singh's submission seeking
direction to the National Investigtion Agency (NIA) to provide the
SIT with a report which it has sought in connection with the case.
Justice Patel told central government counsel P.S. Champaneri that
if the NIA had any difficulty in furnishing the information, then
it should be reported to the court.
The court has further directed the central government to propose
an officer of a higher rank than Verma and Jha, who the court may
include in the SIT as a chairman.
The matter is now slated to come up on May 12.
The court took the view that the said instance, coupled with non
transfer of the three police officers who may influence the
investigation, non availability of the chairman of SIT and his
reliving order by the state, and other instances, leads the court
to believe that the "attitude" of the state is not proper.
Ishrat Jahan, Pranesh Pillai, Amjad Ali Rana and Zeeshan Johar
were killed in a staged shootout in outskirts of Ahmedabad in June
2004 by the city crime branch officials. The police had termed
them as LeT operatives on mission to kill the Gujarat Chief
Minister Narendra Modi.
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