The Gujarat High Court today sought all documents related to Judicial Magistrate S P Tamang's report which had stated that the encounters of Mumbai girl Ishrat Jahan and three others in June 2004 were "fake".
A Division Bench of Justices Jayant Patel and Abhilasha Kumari gave the direction while hearing a bunch of petitions related to the encounter. The pleas included those filed by the parents of the deceased demanding a CBI inquiry into the police action six years ago.
The petitions also include one by the state government and an officer, G L Singhal, named in Tamang's report, seeking quashing of the magistrate's report.
The Tamang report had said that Ishrat's encounter was "fake" and executed "mercilessly" by shooting the victims from "close range" with motives to get promotion, to impress Chief Minister Narendra Modi and get accolades.
Ishrat (19), a resident of Mumbra near Mumbai, 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 near the area on June 15, 2004.
The police claimed the four were LeT operatives and were on a mission to kill Modi and carry out attacks on various parts of India, including Gujarat.
They had further said the encounter was carried out based on inputs from the Central intelligence agencies.
The Centre, in an affidavit in the Supreme Court, has said Ishrat and three others were in regular touch with LeT operatives to plan terror activities.
The high court also ordered the state government to provide summary of a probe done by the Special Investigation Team (SIT), constituted by a single bench of High Court last year, to Ishrat's mother Shamima Kausar and Javed's father Gopinath Pillai, who have demanded a CBI inquiry into the killing of their children.
Lawyers representing Shamima and Gopinath had asked the court to provide them the report of SIT's probe.
The high court further said it would read the SIT's report, submitted in the court in a sealed cover recently.
Pillai's lawyer Mukul Sinha, pressing for a CBI inquiry, submitted that there was no credibility in the investigation report of ACP Parixita Gurjar submitted in 2004.
Sinha pointed out that Gurjar was an officer of the city Crime Branch, and those who ordered and executed the encounter were also from the same department.
"What is the credibility of such an investigation. An independent agency should probe the case," Sinha submitted before the court. Only CBI can do justice in a case where innocent people are profiled as terrorists and shot down, he said.