The Gujarat government on Thursday filed an affidavit in the Gujarat high court questioning the keenness of Central government for a CBI probe on Ishrat Jahan and three others encounter.
In an affidavit filed by secretary of home department T S Bist before the division bench of Justice Jayant Patel and Justice Abhilasha Kumari, the state has strongly objected to transfer of probe to CBI in the case, which has been demanded by kin of those killed in encounter
In serious terrorist attacks, like the attack on Indian Parliament, 26/11 terror attack on Mumbai, Akshardham terrorist attack case or the Ahmedabad serial blast case, the police of respective states have investigated successfully, the affidavit said.
Also in Gujarat the number of encounters is very less as compared to other states bordering Pakistan, it added. "The Centre may be called upon to point out as to in how many cases in these states it has shown its keen overzealous preparedness to take up investigation through CBI," the affidavit stated.
Ishrat was gunned down by Gujarat police along with Javed Ghulam Sheikh alias Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani in Ahmedabad on June 15, 2004.
The advocate general of Gujarat High Court Kamal Trivedi appearing on behalf of the state, not only objected to CBI probe in the case, but also expressed strong reservations against inclusion of any officer of central agencies like CBI or NIA in the special investigation team constituted by the HC to probe the encounter.
On Tuesday, the court had sought state government's response on reconstitution of SIT, to this the state government insisted that only police officers of Gujarat should be included in SIT.
The government also said that the same SIT should be allowed to continue, since the petitioners have also not expressed any discontent against its functioning.
The assistant solicitor general, Pankaj Champaneri appearing for the Centre, reiterated the union governments stand that it is ready for CBI probe. Also, CBI's counsel Yogesh Ravani told the court that transfer of entire probe to CBI would be more comfortable for the investigating agency than inclusion of some officers of CBI in SIT.
The court has sought opinion of all litigants on involvement of officers of central agencies in SIT "for better functioning so far as coordination and administration aspects are concerned".
The litigants include Ishrat's mother Shamima Kausar, Javed's father Gopinath Pillai.
