Different facts, same conclusion

Though the CBI said on Wednesday that Ishrat Jahan and three others were killed in a "fake encounter", the chargesheet contradicts some of the findings of Metropolitan Magistrate S P Tamang in 2009. It may be recalled that it was Tamang's report that for the first time said the encounter was staged, leading to a fresh probe.

According to the CBI, Ishrat Jahan and the three others were killed exactly where they were shown to be killed as per the FIR of the Detection of Crime Branch (DCB), Ahmedabad. Magistrate Tamang had in his inquiry found that they were killed somewhere else and placed at the scene of crime at Kotarpur.

CBI counsel Ejaz Khan told reporters Wednesday , "I will leave the interpretation (of the chargesheet being contradictory to Tamang's report) to you." Ishrat Jahan, Javed Sheikh, Jeesan Johar and Amjadali Rana were gunned down at a road divider near Kotarpur Water Works.

Tamang had said in his report " ...as per principles of medical jurisprudence, the rigor mortis was present on the entire body of the said deceased and it was well developed. Accordingly, as per my investigation, death of the deceased took place before 12 to 24 hours and the postmortem... commenced from 3.40 pm on 15-7-04, and calculating time from said moment, the death .... appears to have taken place, in my inquiry, during the period from 3.40 pm on 14-7-04 to 3.40 am on 15-7-04".

Medical jurisprudence was the base of Tamang's probe which established that the encounter was fake. However, the Special Investigation Team (SIT) appointed by the Gujarat High Court which probed the case and claimed it was a fake encounter, also had not included Tamang's report in its investigation.

While the CBI is quiet on the motive, Tamang had said in his report that DCB team headed by P P Pandey and D G Vanzara conspired the killings to get promotions and rewards. He had named 22 policemen.

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