In an embarrassment to the Gujarat government, the Supreme Court yesterday dismissed its plea challenging the constitution of a special investigation team (SIT) by the Gujarat High Court to probe the killing of teenager Ishrat Jahan and three others.
A bench of justices B Sudershan Reddy and SS Nijjar rejected the State's plea contending that the SIT, constituted by the State government, should be allowed to continue and that the high court had no power to constitute another SIT.
“How can the State come with such a plea? Court is not deprived of its power. In exceptional cases, it can do (constitute a team). In the facts of the case, we find no reason to interfere,” the bench observed, dismissing the State's plea.
Appearing for the State government, senior counsel Harish Salve and Mukul Rohtagi had contended that the high court had no power to constitute an SIT.
Earlier, the apex court had asked the Gujarat High Court to constitute a separate SIT to probe Ishrat Jahan's killing allegedly in a staged encounter by the Gujarat police.