New Delhi, March 11: The Supreme Court today refused to entertain a PIL seeking quashing of criminal prosecution, suspension and other action taken against Gujarat cops in the 2004 alleged fake encounter killing of Ishrat Jahan in view of recent testimony of jailed LeT operative David Headley. However, the bench clarified that it was not dismissing the petition on merits.The plea seeking quashing of action taken against Gujarat cops refers to the statement of Headley, the Pakistani-American terrorist, recorded before a Mumbai court that Jahan was a Lashkar-e-Taiba (LeT) operative.
Gujarat Police personnel, including ex-cop Vanzara, are facing trial in a Mumbai court for their alleged role in the encounter. The plea had 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 had also sought a direction from the court declaring that killing of a terrorist is not an offence under Indian law and proper compensation be paid to the state police personnel in the interest of justice. It 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 the case.