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HC stays Ishrat report, calls for action against magistrate

HC stays Ishrat report, calls for action against magistrate

Author: Express news service
Publication: The Indian Express
Date: September 10, 2009
URL: http://www.indianexpress.com/news/hc-stays-ishrat-report-calls-for-action-against-magistrate/515278/

On a petition filed by the state government, the Gujarat High Court today stayed Metropolitan Magistrate S P Tamang's report which claimed that state police officers faked the 2004 killing of Mumbra girl Ishrat Jahan and three others to win promotions and the appreciation of Chief Minister Narendra Modi. After the four were gunned down on the outskirts of Ahmedabad, police had claimed they were on a Lashkar-e-Toiba mission to kill Modi.

The High Court also directed the Registrar General to initiate disciplinary action against Tamang for not obtaining the court's permission before forwarding the report to the Chief Metropolitan Magistrate.

Tamang submitted his report to the CMM on Monday. On the same day, advocate Mukul Sinha, who has been appearing for Ishrat's mother Shamima in the High Court, released the report to the media. The High Court last month formed a three-member committee of police officers to probe the 2004 incident and submit a report by November 30.

The government, which rejected Tamang's report, moved a petition in the court of Justice Kalpesh Jhaveri and sought a stay. Special Public Prosecutor J M Panchal and Advocate General Kamal Trivedi questioned Tamang's jurisdiction and said he had exceeded the probe terms of reference.

Trivedi said when the High Court had appointed a team of senior police officers to probe the encounter, Tamang should have taken the court's permission before forwarding his report to the CMM.

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