‘To appreciate killing of Ishrat, Javed, see the linkages… they were LeT activists’

June 15, 2004: 4 persons shot by Gujarat Police, which said they were plotting to kill CM Modi. Sept 7, 2009: A magisterial report says the encounter was “fake”. This is what Centre’s affidavit to HC said:

Following a court order declaring the Ishrat Jehan encounter fake, the Gujarat government has cited a Union Home Ministry affidavit saying that the four who died in the encounter on June 15, 2004, in police firing were “terrorists”. The Home Ministry waited for the deadline to almost get over and filed the affidavit on the last day in the Gujarat High Court. In the Idea Exchange at The Indian Express on Tuesday, Union Home Minister P Chidambaram submitted that had he seen the affidavit, it would have been different. He also indicated that a revised affidavit may be filed very soon. At the same time, the Centre’s stand has been that even if its affidavit talked of the criminal antecedents of the four accused, this did not justify killing them in a fake encounter.

The affidavit was filed in response to a petition filed by Ishrat Jehan’s mother Shamima Kausar, saying that the killing of her daughter was “unjustified, excessive and malafide”, and demanding “an independent inquiry” by the CBI. The others killed along with Ishrat were Zeeshan Johar, alias Janbaaz, a resident of Gujaranwala, Pakistan; Amjad Ali Akbarali Rana, a resident of Sargoda, Pakistan; and Javed Ghulam Sheikh alias Pranesh Kumar Pillai. Excerpts:

The Union of India was also aware of the inputs that the Lashkar-e-Toiba (LeT) was planning to carry out assassination of some top-level national and state leaders and LeT in this regard had tasked its India-based cadres to monitor their movements. Union of India and its agencies were and are regularly sharing such inputs with the concerned state government(s)… (The Government of India) further learnt that LeT has inducted its cadre including Pakistani LeT terrorists in Gujarat for specific terrorist action… It came to the notice of agencies of Union Government that Javed was in regular touch with LeT operatives, particularly Muzammil, to carry out terrorist actions in Gujarat…

…To fully appreciate the whole matter, particularly killing of Ishrat Jehan and Javed Ghulam Mohammed Sheikh… it is essential to look at the background and linkages of Javed… Cases were registered against him in Thane district between 1992-1998 when Javed was residing in Mumbra (Thane), which indicate his criminal background. Javed alias Pranesh had obtained a passport No. S-514800 in the name of Mohammed Javed Ghulam Sheikh, son of Ghulam Mohamed sheikh, issued on June 28, 1994, by RPO Mumbai. On this passport, he travelled to Dubai and worked there for considerable period. It is suspected that while working in Dubai, he was subverted to the cause of LeT. Javed obtained another passport No. E-6624203 dated September 16, 2003, in the name of Praneshkumar Manaladythekku Gopinatha Pillai, son of Gopinatha Pillai from RPO, Cochin. Javed… had never lived in Kerala.

Gopinatha Pillai (who was among the petitioners in the case) had not mentioned certain very relevant facts about his son:

a) Procuring a passport in Hindu name by giving his address in Kerala while not even residing there; and

b) Being a rowdy character with criminal cases registered against him, etc.

…He has also concealed that Javed lived in Mumbra for a number of years; that Javed had gone to Dubai.

…The contentions of the petitioner Gopinatha Pillai in the writ petition filed before the Supreme court are contrary and at variance to the averments made by the petitioner Shamima Kausar in the present petition… The petitioner had averred that his son Javed was at the time of his death working in a travel agency agency at Pune and quite often used to take tourists in vehicle No. MH-02 JA 4786 Indica car blue colour to various places…

…This is contrary to petitioner Shamima… has stated that Rashid Ansari, whose mother was (her) friend had… come up with an offer that a gentleman named Javed was looking for placement for his business of perfume and toiletry… Rashid had arranged a meeting of the petitioner (Shamima) with Javed at her residence, who in clear terms stated… that she will be treating Ishrat as her daughter, but as part of duties, there are all possibilities of Ishrat going on outstation tours to any part of the country…

…It is further submitted that car No. MH-02 JA 4786 was never registered as a taxi… It is hence quite clear that both the petitioners are not stating truthfully and trying to mislead the High Court and the Supreme Court respectively.

…In view of news reports … and facts submitted and stated (in the affidavit), it is evident that Javed and Ishrat were activists of the terrorist outfit, LeT…

There are further contradictions with regard to the activities, occupation and movement of Javed and Ishrat in the last few days till their death… Petitioner Shamima Kausar states that after joining the service, Ishrat went out of station twice with Javed and she returned in time. Whenever she was on tour she used to make phone calls informing her whereabouts to her mother. However, when she left last time, i.e. early hours of June 11, 2004, she made phone call to (Shamima) from Nashik informing that she was in Nashik.

…Gopinatha Pillai claimed that (Javed) returned to Pune driving his own vehicle, left his family in his sister-in-law’s house and had gone for a long trip with some tourists.

…There is no mention about Ishrat’s relationship including employment with Javed… The petitioner has recalled in detail the schedule of late Ishrat before she joined the service of Javed as a salesgirl but has not mentioned about the address of the shop/business establishment of Javed… There is no mention of the duty hours of Ishrat, specific commodities… being sold by Javed, the manner and places from where these were procured… It is also not clarified in the petition if Ishrat after employment with Javed had discontinued her studies or tuitions… It is also not clear… whether Ishrat’s employment was in the nature of regularly attending shop/commercial establishment… or only to accompany him on tour. The petitioner also had not stated the places and purpose of visit by Ishrat while accompanying Javed. The above clearly shows lack of clarity and omissions, which appear to be deliberate with the intent of concealing the real nature and activities of Javed and Ishrat.

…These contradictions clearly reflect that neither Gopinatha Pillai, father of Javed, nor Shamima Kausar, mother of Ishrat, has chosen to disclose the correct facts… on account of the fact that both Javed and Ishrat were involved in such activities, disclosure of which would result in reflection of the bonafide of the police action against the four persons including Javed and Ishrat.

…On May 2, 2007, Jama’t-ud-Da’wah (another mouthpiece of Lashkar-e-Toiba) published a news item “An apology to Ishrat Jahan’s family”, just a few days before Gopinatha Pillai filed his petition on the same matter before Hon’ble Supreme Court on May 18, 2007…

…It is clear from the above that Ishrat was actively associated with LeT and apology by LeT mouthpiece is only tactical to discredit Indian security agencies and police and aimed at misleading the court.

…Investigations by Pune Police indicate that Amjad alias Babbar was present with Javed at the time of purchase of blue colour Indica car no MH 02 JA 4786. The investigation by Gujarat Police also indicates that Ishrat and Javed had stayed together in a hotel in Lucknow and at a private residence in Ibrahimpur (district Faizabad, UP). Both the petitioners have failed to explain the relationship of Javed and Ishrat with two Pakistani nationals. Amjad Ali was a Pakistani LeT terrorist and the company of Ishrat and Javed with him proves that they were working for the common mission of LeT.

…The Union of India in 2004 received specific inputs to suggest that LeT had been planning to carry out terrorist activities in various parts of the country, including Gujarat.

…One of the killed LeT cadre and Pak national was Amjad Ali. J&K Police arrested on June 25-28, a group of 18 LeT terrorists headed by the chief operational commander for Central Kashmir, Shahid Mehmud, and his Pakistani associate Zahid Ahmed. In their disclosures, they mentioned that Amjad Ali had entered India under express instructions for organising terrorist networks in Gujarat and Maharashtra. Amjad was also injured in an encounter with J&K Police and is learnt to have been treated for a bullet injury in Delhi in early May 2004. He was in regular touch with Javed. The other killed Pak national and LeT terrorist was Zeeshan who also reported to have infiltrated from Pak occupied Kashmir in J&K.

…Pune Police recovered from the residence of Javed documents related to the preparation of high explosive devices through commonly available chemicals, electronic circuits for timed detonation.

…Javed was in regular touch with LeT operatives, particularly Muzammil, to carry out terrorist actions in Gujarat… Javed was neither in the business of perfume and toiletry nor running a taxi.

…Hiring of Ishrat by Javed appears to be part of the LeT conspiracy to provide cover to Javed of being husband and wife during his movements to various parts of the country for accomplishment of his terrorist mission.

…No proposal for CBI investigation into the case is under the consideration of the Central government nor does it consider the present case fit for investigation by CBI.

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