Ishrat Jahan Shamim Raza’s name is back in news. The 19 year old teen who was killed by gujarat police on 15 June 2004 created huge controversy. Gujarat police claimed that Ishrat jahan shamin raza was Lashkar-e-Toiba operative who had entered in gujarat along with three of her fellow operatives to kill Narendra Modi.
According to gujarat police , they chased down blue Indica car which had these four operatives and killed them in encounter while judicial probe found that all four killed (Including ishrat) were murdered cold blooded in police custody.
Report also said that Ishrat and other three were kidnapped from mumbai brought to ahmedabad and killed by police.
Human rights groups , civil society , maharashtra minority cell all called foul while sp’s abu azmi demanded CBI probe into the matter.
Just few days after the death of Ishrat a pakistan based daily had published an news article where laskhar had called Ishrat their operative . Now david headley is said to have claimed that Ishrat was indeed lashkar’s operative.
Now coming to main question , was ishrat laskhar operative?. Let us presume she was laskhar operative as pakistan daily or headley claimed. Now does her being lashkar’s operative gives right to gujarat police to enter mumbai (maharashtra) and kidnap her?. According to Indian law it is illegal. She should have been arrested by mumbai police and produced before gujarat highcourt.
We cannot have police raj in name of terrorism. We can’t have police man kidnapping terrorist and killing them. We have a established law system which we need to strengthen rather than skipping the judicial process.
There are lot of people who believe in instant justice but life is not bollywood flick. One cannot skip processes because process is needed to protect innocent and see justice is done. If Ishrat was really an LET operative then also police had no right to kill her.
As expected with media reports of admission of david headley about Ishrat , BJP is insisting on congress to make statement regarding Ishrat. Making clear whether she was lashkar operative or not. Center on other hand is silent on the issue uptill now.
There are three main aspects of Ishrat jahan case :
a) Was she laskhar operative?. If yes , was she killed in real encounter , if yes gujarat police comes clean.
b) Even if she was lashkar operative , was she killed in fake encounter?. If yes gujarat police had no right to kill as per law and no body is above law.
c) If she was not lashkar operative and was innocent , it was mis use of power by police and murder charges should be levelled against them.
If headley indeed supported claims of pakistan daily and is ishrat indeed was lashkar operative , it would surely bring some relieve to BJP since terror groups are hated by all communities and it does ease pressure and public scrutiny.
But the main question still remains. Is police entitled to kill a terrorist in fake encounters or even encounters unless their life in under threat?. NO.