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This is an archive article published on July 21, 2010

High Court asks state to file affidavit on demand for CBI probe

The Gujarat High Court on Tuesday reminded the state government to file its submissions on affidavit in connection with two petitions praying CBI probe into the 2004 Ishrat Jahan ‘fake’ encounter case.

The Gujarat High Court (HC) on Tuesday reminded the state government to file its submissions on affidavit in connection with two petitions praying CBI probe into the 2004 Ishrat Jahan ‘fake’ encounter case.

Following the HC reminder,Advocate General Kamal Trivedi said the state will file an affidavit by Wednesday.

Shamima Kausar and Gopinath Pillai,mother and father of Ishrat and Javed,respectively,had filed separate petitions praying CBI probe in the case. The two have been claiming that their daughter and son have been eliminated by Gujarat Police in a fake encounter.

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Arguing on behalf of the state government,the Advocate General has been opposing the petitions.

On Tuesday,the High Court reminded the state that despite it’s direction to file their contentions in affidavit format,the state government has not done so.

The court also said that the state should come out with a paper as to on which grounds it is opposing the petitions.

The court also sought state’s response to possibilities of re-constitution of SIT or to hand over the inquiry to the Anti Terrorist Squad (ATS) as per the National Human Rights Commission (NHRC) guidelines.

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The court indicated that it may re-constitute the SIT by appointing some officer(s) of the central agencies.

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