The state govt today opposed a petition seeking a CBI probe into the 2003 police encounter of Sadiq Jamal Mehtar, telling the high court that such a move would demoralise the police force.
The Gujarat govt today opposed a petition seeking a CBI probe into the 2003 police encounter of Sadiq Jamal Mehtar, telling the high court that such a move would demoralise the police force that had discharged its duty against a "potential danger".
This submission was made by government pleader PK Jani before justice MR Shah, who is conducting final hearing into the petition by Sadiq's brother Shabbir Jamal Mehtar demanding a CBI inquiry into the encounter.
Sadiq was killed in Naroda area here on January 13, 2003 by Ahmedabad Crime Branch, which had claimed that he was a notorious criminal with links with the underworld.
The encounter involved suspended IPS officer D G Vanzara, one of the prime accused in the Sohrabuddin Sheikh fake encounter case.
Police and security forces play an important role in the society. People enjoy peace and safety because of the police force, Jani argued.
Ordering a CBI probe, as demanded by the petitioner, would be a "sad" development as it would demoralise the state police force which had discharged its duty, the Government Pleader maintained and dubbed Sadiq as a "potential danger".
Jani further submitted that affidavits and evidences have been constructed and created by the petitioner to make a genuine encounter look like a fake one.
Though the gun-battle took place in 2003, the petition demanding a probe by the Central agency was filed only in 2007, he pointed out.
For over four years after the encounter, nothing has been found or contended by the petitioner or other members of Sadiq's family to back their claim, Jani said.
He submitted that the case was closed after the investigating agency filed a summary report stating there was nothing more to probe. This was accepted by the Magistrate who closed the case.
Jani opposed the contention of the petitioner, who cited the Supreme Court order for CBI probe in the 2005 Sohrabuddin fake encounter case and the Gujarat HC order for formation of a Special Investigation Team (SIT) to probe the 2004 police encounter of Ishrat Jahan and three others.
The Sohrabuddin and Ishrat cases could not be compared with Sadiq Jamal's encounter, the Government Pleader argued.
Jani submitted a confidential intelligence report to the court and said Sadiq had come to the city with a mission and he was a serious danger to a person in public life. He, however, did not name the public figure.
The hearing would continue tomorrow.
After the gunfight, Crime Branch had claimed that they had intelligence inputs that Sadiq was a notorious criminal in the league of persons like Dawood Ibrahim and Chhota Shakeel, and had planned to kill BJP leader L K Advani, Chief Minister Narendra Modi and VHP leader Pravin Togadia.
However, Shabbir, in his petition, alleged that his brother's encounter by Gujarat Police was "fake", and demanded a CBI probe.
Shabbir claimed his brother was not a terrorist and alleged it was a 'cold-blooded murder' and the 'conspiracy' was hatched by Vanzara and IPS officer P P Pandey, who was heading the city Crime Branch in 2003.
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