SIT not to probe Ishrat case : SC

The Supreme Court on Thursday took strong exception to the Gujarat High Court’s recent order transferring probe into Ishrat Jahan fake encounter case to the SIT, which was constituted by the apex court in March 2008 to probe nine post-Godhra riot cases.


The strong objection may clear way for the CBI to take over the investigation into the encounter. The Bench minced no words in emphasizing that it enjoyed exclusive jurisdiction over the SIT and clarified that it could not be used for any probe except on the orders of the SC. “How can the Gujarat HC direct the SIT to investigate into Ishrat Jahan case? SIT is a body constituted by the Supreme Court. It is not a statutory or a standing body that any probe can be assigned to it,” the Bench said. Though the Bench was preparing grounds for passing an order to this effect, amicus curiae Harish Salve suggested that it would be better if the SIT moves the HC and clarifies the position stated by the apex court and seeks a recall of the order. The Bench agreed and Raghavan told the SC that the SIT would point this out to the HC.