On Tuesday morning, Supreme Court agreed to hear a plea that seeks to quash cases against some Gujarat policemen who were involved in the alleged fake encounter of Ishrat Jehan in 2004 . The plea seeks to quash the cases after jailed LeT operative David Headley said in his testimony to a Mumbai court that Ishrat was an LeT suicide bomber.
“Let it be listed. We will see it then,” a bench of Chief Justice T S Thakur and Justice U U Lalit said when advocate M L Sharma mentioned the matter for its urgent hearing.
Sharma argued that Headley’s statement is significant as it conclusively establishes the fact that Jahan was an LeT operative.
Gujarat Police personnel, including the then DIG D G Vanzara, are facing trial in a Mumbai court for their alleged role in the encounter.
The plea, which cited the recent statements before a special court recorded by Headley, who allegedly conspired with LeT in plotting the 26/11 Mumbai attacks, said the facts are now undisputed that all four persons killed by Gujarat Police, including Ishrat Jehan, were terrorists.
“The judicial proceeding and statement of David Headley, who conspired with LeT in plotting the 26/11 Mumbai attacks, stated via video conference and recorded in the special court at Mumbai that four persons, including Ishrat Jahan who were killed in June 2004 by Gujarat Police, were a part of LeT terrorist organisation belonging to Pakistan and they were assigned to kill then Chief Minister of Gujarat, Narendra Modi,” the plea said.
The plea also sought a direction to close criminal proceedings and action taken in FIRs lodged by CBI against the Gujarat Police personnel and others, saying it was unconstitutional within the judicial facts and evidences of Headley. It also seeks a direction from the court to declare that the killing of a terrorist is not an offence under Indian law and demanded appropriate compensation to the state police personnel in the interest of justice.
The petitioner also wanted initiation of suo motu perjury/contempt proceedings against the then Home Minister and CBI Director for concealing true facts before the Supreme Court and the Gujarat High Court and for filing a false affidavit pertaining to facts about Ishrat Jehan case.
(With inputs from PTI)