The Supreme Court Friday issued notice to the CBI and the Gujarat government on a petition seeking quashing of the second FIR registered by the agency in the shootout killing of Ishrat Jahan and three others.
The petition was filed by Additional Director General of the State police Puthvipal P. Pandey.
Ishrat Jahan, Javed alias Pranesh Gopinath Pilai, Amjad Ali and Jishan Johar were killed by Gujarat Police in a fake shootout June 15, 2004.
The apex court bench of Justice Gyan Sudha Misra and Justice Madan B. Lokur also issued notice on an application by Panday seeking to restrain the investigating agency from arresting him in pursuance to second FIR registered Dec 16, 2011.
The petition by Pandey has sought the withdrawing the IPS officer Satish Verma from the investigating team as he allegedly nurtured professional rivalry and was was prejudiced to him. The petition contended that the inclusion of Verma in the investigating team rendered it "unfair and biased".
The impugned FIR was registered by the CBI Dec 16, 2011, after the Gujarat High court asked the CBI to take over the investigation. The high court Dec 1, 2011, had directed the CBI to register a fresh FIR in the shootout case.
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Assailing the registration of the second FIR in the case, Pandey's petition contended whether for the same offence it was permissible to register more than one FIR, if the version in the new FIR is not inconsistent or contrary to the version as set out in the earlier FIR.
In another poser, Pandey's petition has contended if repeated investigation by different agencies for the same offence was permissible.
As joint commissioner of Ahmedabad police, Pandey had June 14, 2004, informed then Deputy Commissioner of Police D.G. Vanzara and Assistant Commissioner of Police G.L. Singhal that Pakistani fidayeens had left Mumbai and were expected to reach Ahmedabad June 15, 2004.
This intelligence input was a follow up to an earlier report that was received June 1, 2004, by Ahmedabad Police commissioner K.R. Kaushik that two Pakistani fidayeens have left Jammu and Kashmir for Ahmedabad for killing Chief Minister Narendra Modi.
Pandey's petition said that the killings were investigated by Gujarat Police.