Supreme Court has agreed to hear a plea seeking quashing of criminal prosecution, suspension and other actions taken against Gujarat cops in the 2004 alleged fake encounter killing of Ishrat Jahan in view of recent testimony of jailed LeT operative David Headley.
The Pakistani-American terrorist- Headley had told to a Mumbai court that Ishrat Jahan was a Lashkar-e-Taiba operative. The matter came up for hearing before a bench of Chief Justice T S Thakur and Justice U U Lalit when advocate M L Sharma sought urgent hearing of the case. Mr Sharma said the statement of Headley is significant as it conclusively establishes the fact that Ishrat Jahan was an LeT operative.
Gujarat Police personnel, including the then DIG D G Vanzara, are facing trial in a Mumbai court for their alleged role in the encounter. Citing Headley’s recent statements before a special Mumbai court, the petitioner said that the facts are now undisputed that all four persons killed by Gujarat Police, including Ishrat Jahan, were terrorists. The petition further said that four persons, including Ishrat Jahan who were killed in June 2004 by Gujarat Police, were a part of LeT terrorist organisation belonging to Pakistan and they were assigned to kill then Chief Minister of Gujarat, Narendra Modi.
The plea sought a direction to close criminal proceedings and action taken in FIRs lodged by CBI against the Gujarat Police personnel and others, saying it is unconstitutional within the judicial facts and evidences of Headley. It also sought a direction from the court declaring that killing of a terrorist is not an offence under Indian law and proper compensation be paid to the state police personnel in the interest of justice.
The petitioner also wanted initiation of suo motu perjury/contempt proceedings against the then Home Minister and CBI Director for concealing true facts before the Supreme Court and the Gujarat High Court and for filing a false affidavit pertaining to facts about Ishrat Jahan case.