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UPA to challenge Gujarat HC stay on Ishrat encounter report

Wednesday, September 23, 2009 12:15:03 PM, News Desk

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Malegaon: The UPA government in New Delhi has decided to challenge the Gujarat High Court order staying the magisterial report in the Ishrat Jahan murder case. The report by Magistrate SP Tamang has rapped the Gujarat Police for a fake encounter.

The appeal is under preparation but since the Supreme Court is currently on a week-long vacation it will be filed only after SC resumes work next week, says a report published in The Pioneer quoting its sources in the Law Ministry.


According to The Pioneer reports published in its online edition today, on September 29, when the court reopens, the Centre is likely to mention the case and get it tagged along with the other appeals filed by Ishrat’s mother Shamima Kauser.

A single judge of the Gujarat High Court on September 9 had stayed the operation of a report prepared by Magistrate SP Tamang on an application by the State Government.


Ishrat’s mother, in her appeal filed before the apex court, had challenged the said order on the ground that the same could not be passed on her petition since the report was not furnished in connection with her petition pending before the court.

Filing the special leave petition, petitioner Kauser stated that the State Government ‘wrongly’ moved an application in her petition when ideally it ought to have challenged the Tamang report through an independent petition. In this manner, the State ‘short-circuited’ the judicial process to obtain an order of stay.

With the Centre having declared in the past its decision to appeal against the HC order, the matter would be used as another opportunity by the UPA Government to paint the Narendra Modi Government in Gujarat in bad light. Already the Gujarat Government is facing the heat in defending a CBI probe into the fake encounter killing of Sohrabuddin Sheikh and his wife Kauser Bi, said to be alleged terrorists. The apex court has reserved orders in the case.

Besides, the main ground of challenge adopted by Ishrat’s mother, sources in the Ministry added that the appeal to be prepared by the top law officers would seek to ‘cure’ the defects in its stand taken before the Gujarat High Court, accepting Ishrat to have been part of a terrorist module.

Tamang’s report had stated the June 15, 2004 encounter in which 19-year-old Ishrat Jahan and four others - Javed Ghulam Sheikh alias Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani,.were gunned down in 2004 while allegedly plotting to kill Chief Minister Modi was ‘fake’ and executed in cold blood by police officers for selfish motives.

Ishrat’s mother questioned the hurry with which the State Government approached for stay before the High Court, while chose to drag its feet on the petitioner’s plea pending in Court for past five years. She even punched holes into the HC order stating that on the one hand the judge allowed stay of the Tamang report but on the other permitted the same to be used for SIT investigation, says The Pioneer.













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