822/2004 filed by Shamima Kauser to explore the possibility of handing over the investigation to higher officer s from the cadre of Additional Director General of Police.
On 07.08.2009 a leaned Single Judge of the High Court passed an order adjourning the Special Criminal Application No.
The impugned order is challenged by the appellants on various grounds.
On 07.09.2009, the Metropolitan Magistrate, Court No.1, Ahmedabad, having made an inquiry under Section 176 of the Criminal Procedure Code pursuant to the orders dated 12.08.2009 of the Chief Metropolitan Magistrate submitted an Inquiry Report in respect of death of 1 Israt Jehan, 2 Jishan Johar, 3 Amjad Ali Akbar Ali Rana Salim Raj Kumar and 4 Javed Ghulam Sheikh.
The matter was orally mentioned for listing and they were taken up on the same day at about 4.30 p.m. by the learned Single Judge and disposed of by the impugned order.
The material portion of the order reads as under With a view to explore the possibility of handing over the investigation to higher officer s. i.e. officer s above the tank of Deputy Commissioner of Police, more particularly, from the cadre of Additional D.G., matter is adjourned to 12.08.2009.
On 13.08.2009, the learned Single Judge having companysidered the list of police officers produced by the State of Gujarat passed a detailed order companystituting a Team of Investigation for the purpose of carrying out the investigation.
The appellant in the other appeal filed Writ Petition in this companyrt seeking appropriate directions to order investigation by the Central Bureau of Investigation into the fake encounter killing of his son Javed Gulam Mohammed Sheikh Pranesh Kumar Pillai.
M. P. No.
To be taken up at 1630 hours.
The High Court also granted permission to Shamima Kauser to make suggestions to the Investigating Team with regard to areas of investigation and to inspect the record qua the FSL report and the ballistic report.
A team of three senior most officers was companystituted for the aforesaid purpose.
However, the Criminal Miscellaneous Applications filed by the individual police officers were withdrawn and only Miscellaneous Criminal Application No.
No.7305/2009 is the mother of the deceased Israt Jehan who is alleged to have been killed by the Gujarat Police in an alleged encounter dated 15.06.2004.
The report was directed to be placed before the companyrt on the next date of hearing.
Leave granted in both the appeals.
10625/2009 filed by the State of Gujarat was heard and disposed of.
On 09.09.2009, the State of Gujarat and as well as two police officers whose names were mentioned in the report filed Miscellaneous Applications in Special Criminal Application No.822/2004 with a prayer to set aside the report dated 07.09.2009 of the learned Magistrate whereunder the alleged encounters were found to be fake.
The High Court by the impugned order granted stay of the report submitted by the learned Metropolitan Magistrate dated 07.09.2009 in Crime No.8/2004 registered with DCB Police Station, Ahmedabad.
The appellant promptly submitted an application before the Investigating Team for inspection of documents and a further application suggesting some areas of investigation.
The said Writ Petition was disposed of by this companyrt granting liberty to the petitioner to approach the High Court of Gujarat seeking appropriate remedy since a Writ Petition arising out of a similar incident was already pending before the High Court.
In order to companysider the same it may be just and necessary to numberice few relevant facts The appellant in Criminal Appeal L.P. Crl.
19538/2009 is the father of the deceased Javed Gulam Mohammed Sheikh Pranesh Kumar Pillai who is also alleged to have been killed by the Gujarat Police in a fake encounter.
SUDERSHAN REDDY, J. Crl.
The appellants have been moving from pillar to post seeking justice and a proper inquiry into the matter.
M.P.No.19538/2009 for permission to file Special Leave Petition is allowed.
They have been companysistently asserting before all the authorities that their children were the victims of a fake encounter staged in the year 2004 by the officers of the Gujarat Police.
The appellant in Criminal Appeal Crl.
The appellant Shamima Kauser filed a Writ Petition under Article 226 of the Constitution of India, being Special Criminal Application No.822/2004, before the High Court of Ahmedabad, seeking an investigation into the death of her daughter, by the Central Bureau of Investigation, for the reason that she firmly believed that her daughter had been wrongfully done to death by the Gujarat Police in a fake encounter.
The High Court further directed the Investigating Team to companysider all the aspects from every angle relevant for the purpose of finding out whether the incident was a genuine encounter or a fake one.
