(Inserting matter in para 1 and last 2 paras)

By Staff
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New Delhi, Apr 27 (UNI) The Supreme Court today said that it would pass appropriate orders on April 30 on the habeas corpus petition in the Gujarat fake encounter case following Gujarat government's expression of apprehension that Kauser Bi, wife of the victim Soharabbuddin Sheikh, might also have been killed by the state police officials.

Senior counsel K T S Tulsi appearing for the State of Gujarat made the admission regarding Kauser Bi during the hearing of the case before a bench comprising Justices Tarun Chatterjee and P K Balasubramanyan.

Mr Tulsi also assured the Apex Court that strict action will be taken against all those police officials found involved in fake encounters.

The Apex Court adjourned the hearing of the case till Monday and indicated that it may order the execution of habeas corpus petition filed by Rubbabuddin Sheikh whose brother was killed in a fake encounter in November 2005 in a joint operation by ATS (Anti Terrorist Squad), Gujarat and STF (Special Task Force), Rajasthan.

The sister-in-law of the petitioner is also not traceable till date. Three senior IPS officers including two from Gujarat and one from Rajasthan have already been arrested by Gujarat police for their alleged involvement in the fake encounter.

Meanwhile, the Centre has supported the demand of the petitioner for a CBI inquiry into the fake encounters. The deceased was branded as Lashker-e-Toiba militant by Gujarat police.

Gujarat Home Minister Amit Shah is also under a cloud for allegedly trying to shield the culprits who include the then DIG ATS Gujarat, D G Vanjara, SP Intelligence, Raj Kumar Pandyan and SP Alwar (Rajasthan) M N Dinesh who are already under arrest.

The Court directed the Gujarat government to confirm, by the next date of hearing on April 30, whether Kauser Bi is alive or dead.

The State government has admitted in the State Assembly that 21 such fake encounters have taken place in Gujarat.

The Court also revealed that it had not seen the IB (Intelligence Bureau) report submitted to it in sealed cover till now and will pass an appropriate order after going through the Report.

The Narendra Modi government has earlier been denying occurrence of any fake encounter in the State. But on the last date of hearing, the State government admitted in the Supreme Court that the brother of the petitioner had in fact been killed after he was brought down from a bus going from Hyderabad to Sangli on November 25, 2005.

The only eyewitness Tulsi Ram Prajapati, whose disclosure led to the apprehension of the deceased, was also suspected to have been eliminated by the police in the fake encounter.

Attorney General Milan K Banerjee and Additional Solicitor General Gopal Subramanaium appeared as Amicus Curiae and backed the demand for the CBI enquiry into the case.

The court will pass the order after going through the investigation reports of the state police submitted in sealed cover as the state government did not want to make the contents of the report public because it may adversely affect the ongoing probe into the fake encounters being conducted by the state police.

Rajstahn government is however supporting its SP M N Dinesh and has described him as one of the finest police officers in the state.

UNI

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