The Supreme Court on Friday dismissed a petition to quash criminal charges against Gujarat police officers facing murder trial for allegedly killing Ishrat Jahan and three others in a fake encounter in 2004.
Petitioner advocate ML Sharma had also asked for initiation of perjury proceedings against former home minister P Chidambaram under whose tenure the UPA government said Ishrat was not an LeT terrorist.
A bench of justice PC Ghose and justice Amitava Roy told Sharma his petition did not stand as he was not affected by the trial the police officers faced.
The petition, filed under Article 32 of the Constitution, was maintainable if his right was violated, the bench said. It, however, granted liberty to the accused officers or any other person having locus in the case to raise such a plea before the court.
Sharma pleaded that since Ishrat and the others were said to be part of an LeT suicide squad conspiring to eliminate then chief minister Narendra Modi, their encounter was justified because it was done in national interest.
He argued that in such cases, cops should not be prosecuted for any offence.
Sharma said he was espousing the cause of aggrieved police officers and military personnel who sacrifice their lives to protect the country from terror attacks but the bench remained unimpressed.
As it proceeded to dismiss the petition, additional solicitor general Tushar Mehta, who was present in the court for another matter, intervened and said the bench should give liberty to the aggrieved persons to approach the court for remedy, if any. The court accepted his request and recorded it in the order.