Family members of Ishrat Jahan, who was killed allegedly in an encounter by the Gujarat police, on Thursday moved the Supreme Court challenging the state high court's order staying a magisterial inquiry report, which had described the incident as a fake encounter.
The Gujarat High Court on September 9 had stayed Metropolitan Magistrate S P Tamang's report, on the plea of state government, which had contended that the observations made in the report were beyond the jurisdiction of the judicial magistrate.
A single judge bench of Justice Kalpesh Jhaveri, while staying the report, had also ordered the appropriate authority of the high court to look into the actions of Magistrate Tamang and take necessary action.
Magistrate Tamang's report had said the encounter, in which 19-year-old Ishrat Jahan and three others were gunned down in 2004 while allegedly plotting to kill Gujarat Chief Minister Narendra Modi, was fake. The victims were executed in cold blood by the police officers for selfish motives, the report alleged.
The report of the investigation conducted by the magistrate had held senior state police officers responsible for 'staging' the encounter.
The four persons, who were killed by the police in an encounter on the outskirts of the city on June 15, 2004 were Ishrat, Javed Ghulam Sheikh alias Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani.