Shamima Kausar, mother of Ishrat Jahan who was killed in an alleged encounter with Gujarat police, on Thursday moved the Supreme Court challenging the High Court’s order staying a judicial probe report which had described the incident as a “cold blooded murder“.
The petition filed by advocate Kamini Jaiswal has contended that the High Court had wrongly entertained the petition of the government and granted stay on the report of judicial magistrate S P Tamang.
The petition said the High Court had no jurisdiction to entertain the application of Gujarat government in the pending writ petition of Ishrat’s mother in which she had sought transfer of the investigation of the case to CBI.
Ishrat’s family contended that Tamang report could not be stayed as the Magistrate had conducted the inquiry on the order of the Chief Judicial Magistrate.
They have also sought summoning of the records of the Tamang report to the apex court.
The Gujarat High Court had on September 9 stayed Tamang’s report on a plea by Narendra Modi government which contended that the observations made in the report were beyond the jurisdiction of magistrate.