SC refuses to hand over Ishrat case to CBI
Noting that all cases cannot be probed by the agency, the Supreme Court on Monday refused to hand over to the CBI the investigation into the alleged fake encounter killing of 19-year-old Mumbai college girl Ishrat Jahan, an alleged operative of terror group Lashkar-e-Tayyaba, by the Gujarat police six years ago.
A bench comprising Just-ices B. Sudershan Reddy and S.S. Nijjar said, “Every case cannot be probed by the CBI. We are not in favour of handing over each and every case to the CBI. It is not fair.” The apex court, however, said the Gujarat high court can consider and pass appropriate orders for constituting a separate special investigation team (SIT) to probe the case.
Advocate Kamini Jaiswal, appearing for the victim’s mother, Shamima Kauser, contended that since the apex court-appointed SIT has not done its job properly, the probe should be handed over to the CBI. Ms Jaiswal informed the court that the magisterial report had held the enco-unter to be “fake” and had sought the prosecution of the officers allegedly responsible.
The bench, however, said it will wait for the adjudication of the matter by the high court. “The high court will be at liberty to consider the application and pass appropriate orders within two weeks.”
Meanwhile, the bench issued notice to Shamina Kauser on a petition by the Gujarat government seeking that the probe be entrusted to the SIT recently constituted by the state government.
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