Justice Kalpesh Javheri also ordered to look into the actions of Magistrate Tamang and take necessary action. The next hearing of the case is fixed on September 30.
The Gujarat High Court today stayed Metropolitan Magistrate S P Tamang's report, on the encounter killing Ishrat Jahan and three others. The report said that the encounter fake, and asked authorities of the High Court to look into the action of the Magistrate and take necessary action. The Gujarat government had approached the High Court today demanding stay on the report.
Justice Kalpesh Javheri while ordering the stay said that observations made in the report were beyond the jurisdiction of the judicial magistrate. However, the court has given liberty to Ishrat's mother to produce the report before the three-member committee constituted by the High Court last month to investigate the encounter. It further said the report can be considered as evidence by the committee.
The four, claimed to have been killed by the police in an encounter on the outskirts of the city on June 15, 2004 were--Ishrat, Javed Ghulam Sheikh alias Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani.
Magistrate Tamang's report has said that the encounter in which 19-year-old Ishrat Jahan and three others were gunned down in 2004 while allegedly plotting to kill Chief Minister Narendra Modi was fake and executed in cold blood by police officers for selfish motives.
The report of the investigation conducted by the magistrate had held senior police officers responsible for "staging" the encounter. State Advocate General Kamal Trivedi, appearing on behalf of the government, had submitted that the judicial magistrate should have sought the permission of the high court to publish or furnish a report to anybody.
The state government had yesterday rejected the findings of the report and said it will challenge it in the higher forums.
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