After dismissing the plea by Gujarat High Court, the Supreme Court stated, "How can the State come with such a plea? Court is not deprived of its power. In exceptional cases, it can do (constitute a team). In the facts of the case, we find no reason to interfere."
Earlier an apex court asked the High Court of the state to initiate an fresh probe into 19-year-old Ishrat and three others' encounter case staged by the Gujarat police.
However, the Gujarat government approached the court challenging the constitution of an SIT and saying that a probe into the case be given to another SIT formed by the State government.
Gujarat police on Jun 15, 2004 killed Mumbai-based Ishrat and other three people in an encounter by claiming that the youths were Lashkar-e-Taiba (LeT) operatives and they were on a mission to kill Chief Minister Narendra Modi.