Sadik Jamal was killed in a 2003 encounter in Naroda. His brother has sought a CBI probe into the incident.
The state government on Wednesday filed an affidavit in the Gujarat high court stating that it intended to constitute a special task force under retired Supreme Court judge MB Shah, to investigate the case. Justice MR Shah of the high court who was hearing the case posted the next hearing of the case to April 25.
The government has mentioned in its affidavit a government resolution to constitute of a task force for investigation of the Sadik Jamal encounter case.
The encounter took place in 2003 near Galaxy cinema in Naroda. Officers of the Detection of Crime Branch (DCB) had claimed at the time that Sadik was on a mission to eliminate chief minister Narendra Modi, and that he was killed in the crossfire during the encounter.Earlier, the court had reserved its order on Shabbir's plea after the hearing in the case concluded.
But Sadik's brother, Shabbir, has demanded investigation of the case by the Central Bureau of Investigation (CBI). Government pleader PK Jani placed the government resolution to constitute a special task force subject to approval by the high court.
At this, Justice MR Shah suggested that the consent of all the parties connected to the case should be taken to find out whether or not the resolution was acceptable to them.
"This cannot be accepted or shall not be taken on record unless the parties and the petitioners agree and the court so permits," Justice Shah said while hearing the case.
The judge further said: "I will have to give everybody an opportunity to be heard provided all the parties concerned agree to appear in court for this, as the arguments in the case have concluded and judgement is reserved."
Shabbir's lawyer Mukul Sinha, however, argued that the "resolution of the state government does not disclose the purpose of constituting the STF."
Shabbir has alleged that a former journalist of Mumbai, Ketan Tirodkar, had revealed that Sadik was in the custody of Daya Nayak, the encounter specialist of Mumbai police. Later, Nayak had handed Sadik over to the Gujarat police who had then killed him in an encounter.
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