Additional Chief Judicial Magistrate H S Khutwad, last Friday, denied CBI a remand of Superintendent of Police Girish Singhal, the first Gujarat police officer to be arrested in the case by CBI.
While Singhal was arrested on Thursday, retired DSP J G Parmar was arrested on Friday. But additional senior civil judge also denied CBI Parmar's custody the next day.
CBI today moved the special court against these orders. Judge Gita Gopi, who heard the arguments, is likely to pronounce the order on Friday.
"There are certain aspects which are of only exclusive knowledge to the accused police officers," said Khan.
But Singhal's counsel Brijrajsinh Jhala said, "Investigation into the encounter has not stopped despite denial of police remand. Three more arrests (J G Parmar, Tarun Barot and Bharat Patel) have taken place. Singhal has cooperated during interrogation and was also present during three reconstructions of the Ishrat Jahan encounter.
"The Gujarat High Court had also asked CBI to probe what 'mission' the four persons who were killed in the alleged fake encounter, were on. But, the agency is not probing that and instead arresting police officers," Jhala argued.