Ishrat
Jahan case: Differences crop up in SIT
Thursday January 13, 2011 10:50:40 PM,
IANS
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Gandhinagar: The
Gujarat High Court Friday said it would have to work out a model
for the special investigation team (SIT) probing the Ishrat Jahan
killing to see that the "sanctity and spirit of its order is not
paralysed due to differences of opinion amongst its members".
The court's order came after the members of court-appointed SIT
brought out their differences of opinion in functioning of the SIT
and carrying out the investigation.
A division bench comprising Justices Jayant Patel and Abhilasha
Kumari was hearing an application moved by chairman of the SIT,
Karnail Singh, seeking it to appoint amicus curiae for SIT to deal
with any legal complications that may come up during the
investigation. Singh however was not present before the court.
Satish Verma, an Indian Police Service officer, who was appointed
by the court as one of the members of SIT, informed the court
about his grievance and objections to the petition.
He said that Singh had moved the petition without obtaining
consensus of other members of the team. Holding the application
was moved by Singh was moved in his personal capacity and not as a
chairman of SIT, Verma claimed that the petition seeking
appointment of amicus curiae was vague and did not mention the
legal issues on which legal advice may be needed.
Verma also claimed that the court can appoint amicus curiae on its
own accord but any officer of the SIT cannot make such request.
"If SIT needed legal advice, it could get a legal advisor
appointed by the state government," he added.
However, another member of SIT, Mohan Jha, informed the court that
Singh informally discussed with the members in this regard, at a
circuit house in Mehsana. Jha said he supports the application
moved by Singh.
After such submissions, the court sought to know whether there was
any 'group' clash in the SIT.
In his reply, Verma said: "No sir, it's not group clash, it's a
difference of opinion." He claimed that Singh's attitude towards
the investigation and such difference of opinions would amount to
hamper the investigation and would lose the purpose of its
creation to unearth the truth.
After hearing them, the court said it would have to hear Singh and
others in detail before it decided on the issue. "However, we
don't want any indiscipline in the SIT made by us," the bench
noted.
The court has posted the matter for Jan 28. On the next date,
Singh would have to remain personally present and address the
court. The court has also asked advocate general to inform it as
to what remuneration is normally paid to amicus curiae if it
approves the application.
The court had earlier constituted a three member team to probe the
case. Mumbai girl Ishrat Jahan and others were killed by Gujarat
police in a shoot-out June 15, 2004, and said to be members of the
terrorist group, Lashkar-e-Taiba on a mission to kill Gujarat
Chief Minister Narendra Modi.
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