New Delhi, March 3: The Supreme Court would hear on March 11 a plea seeking quashing of criminal prosecution, suspension and other actions 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.
The matter, which was mentioned for urgent hearing before a bench comprising Chief Justice T S Thakur and Justice U U Lalit on March 1, will now be heard on March 11, sources said.
The plea, filed by advocate M L Sharma, refers to the statement recorded by Headley, the Pakistani-American terrorist, in a Mumbai court that Jahan was a Lashkar-e-Taiba (LeT) operative. Gujarat Police personnel, including the then DIG D G Vanzara, are facing trial in a Mumbai court for their alleged role in the encounter.
The plea, which cited the recent statements before a special court recorded by Headley, who allegedly conspired with LeT in plotting the 26/11 Mumbai attacks, said the facts are now undisputed that all four persons killed by Gujarat Police, including Ishrat Jahan, were terrorists.
"The judicial proceeding and statement of David Headley, who conspired with LeT in plotting the 26/11 Mumbai attacks, stated via video conference and recorded in the special court at Mumbai that four persons, including Ishrat Jahan who were killed in June 2004 by Gujarat Police, were a part of LeT terrorist organisation belonging to Pakistan and they were assigned to kill then Chief Minister of Gujarat, Narendra Modi," it said.
The plea 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 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 Ishrat Jahan case.