Centre files fresh affidavit in Ishrat case

In the new affidavit, the centre said intelligence inputs are mere tip-offs and action taken by the Gujarat police cannot be justified
Sadiq Naqvi Delhi Hardnews

The controversy surrounding the alleged fake encounter of 19-year-old student, Ishrat Jahan, and three others took a new turn with the centre filing a fresh affidavit on Wednesday.

Sources revealed that in the fresh affidavit, filed by under secretary (internal security VI) in the ministry of home affairs RVS Mani, the centre has tried to wash its hands off all allegations levelled against it by the Gujarat government.

The Gujarat police alleged that it acted on the intelligence inputs provided by the Union home ministry which pointed to a potential danger to Chief Minister Narendra Modi's life by Lashkar-e-Taiba operatives. In an earlier affidavit, the centre had said that Ishrat and three others were terrorists on a mission to target the Gujarat CM.

However, the fresh affidavit reportedly said that intelligence inputs are mere tip-offs and the centre does not justify the action taken by the Gujarat police.

Union Home Minister P Chidambaram had earlier said that intelligence inputs did not give a licence to the state government to kill innocent people.

According to sources, the earlier affidavit had inputs relating to threat Modi's life contributed by an IB joint director who was earlier with the Gujarat police.

The centre also clarified that it is against all encounter killings and respects the human rights of all individuals. Although, encounter killings have become a routine with many encounters being reported from various states.

Contradicting its earlier affidavit, the centre in its fresh affidavit said, "The central government was not concerned with the merits of the action taken by the Gujarat police and anything stated in the (earlier) affidavit was not intended to support or justify the action of the state police."

Interestingly, the centre also said that it is open to any independent enquiry or fresh investigations in the case. "If, on a proper consideration of facts, it is found that an independent enquiry and investigation has to be carried out, the Union of India would have no objection to this and would abide by the decision of the court," the affidavit said.

Earlier, an enquiry report by Metropolitan Magistrate SP Tamang had termed the encounter by the Gujarat police fake and recommended criminal proceedings against police officers involved in the case. The report had said that the police officers systematically hatched a conspiracy to show Ishrat Jahan and three others as terrorists. This was done by police officers to gain promotions and also create fear among members of a particular community.

The report says that Ishrat and three others were abducted by the Gujarat police from Mumbai and were later brought to Gujarat where they were killed in the encounter. The report also claims that there was no exchange of fire at the site of the encounter and the four people were cold bloodedly killed at some other spot.

Meanwhile, GL Singhal, one of the senior police officers involved in the fake encounter moved a fresh petition in the Gujarat high court seeking to quash Tamang's report. He has said in his petition that the magistrate has over-stepped his jurisdiction and it needs to be quashed since it was made public even though the matter was pending before the high court.