A division bench of justices Jayant Patel and Abhilasha Kumari, after going through the application seeking extension of assistance of Verma till June 30, allowed CBI to continue to avail of his services till May 10.
The bench said it would decide whether to let the agency take his service till June 30 after studying the status report of the investigation.
Government pleader Prakash Jani, while opposing the demand, claimed that, "It is the most unfortunate thing that an apex investigating agency like CBI is not able to investigate this case without the help of a Gujarat police officer."
However, the court rejected the contentions put forward by the state government and opined that, "after going through the application, it looks like investigation is at a crucial stage and Verma, with his experience of being part of earlier investigation carried by SIT formed by this court, can assist in the case effectively".
Pande is currently designated as Additional DG CID (Crime) with Gujarat Police.
"There are chances that other accused in the case will follow Pande by absconding themselves. Moreover, we have evidence of the involvement of an another agency in the encounter case and Verma's service is immensely needed," said advocate Ejaz Khan, who also joined in submissions for CBI.
He also informed the court that CBI has filed the revision application before the special CBI Court seeking an arrest warrant for Pande which is likely to be heard by the court tomorrow.
Pande, a 1980 batch IPS officer of Gujarat Cadre, was Joint Police Commissioner in Ahmedabad in 2004 when on June 15 that year Isharat, along with three others, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter.
Gujarat Police at that time had claimed that all four were terrorists who entered the city to kill Chief Minister Narendra Modi.
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