Gujarat govt questions jurisdiction of Justice SP Tamang probe

Gujarat government has questioned the jurisdiction of Metropolitan magistrate S.P.Tamang’s judicial probe on Ishrat Jahan encounter case.

Addressing media persons in Ahmedabad on Tuesday Gujarat government spokesperson Shri Jaynarayan Vyas said, “such type of report can be given under Criminal Procedure Code 176 This code deals with only custodian deaths. But this incident was not custodial death case. And therefore it is not covered under the juridiction. Also if you connect this probe with 174(3) para 1, then the court can appoint probe only when a married woman dies within seven years of marriage or her cause of death is unknown. So neither 176 nor 174(3) apply in this issue.”

“The whole matter is bad in law and therefore we will challange it,” Vyas added.

Vyas also said that when honorable Gujarat High Court had already appointed a high-level commitee, directing to give a probe report in this case within a prescribed time, then parallel probe by any official of any court under its jurisdiction on same points is not appropriate. Vyas was reffering to Gujarat High Court appointed Israt Jahan case probe team led by Shri Pramod Kumar(Aditional General of Police) on 13 August 2009. “Justice Tamang was also ordered to start the work on his report on 13 August only. Honorable High Court sought the report before 30 November 2009 which Justice Tamang submitted on 7 September 2009,” Vyas said.