The Apex Court also directed Pandey to appear before a trial court in Ahmedabad on Monday.

Pandey had on July 9 approached the Apex Court for quashing the FIR against him in the Ishrat Jahan case.

A bench headed by Justice BS Chauhan, however, made it clear that the protection from arrest to Additional DGP Pandey, a 1982-batch IPS officer, will come to an end if he fails to appear before the special CBI court on Monday.

The court passed the order after senior advocate Jaspal Singh, appearing for Pandey, assured that the police officer will appear before the concerned court and he should be protected till then.

Additional Solicitor General Indira Jaising, appearing for the agency, vehemently opposed court's order for giving any protection to Pandey. "He has gone underground and there is no need to give him any protection. He is an accused in the case," she said.

The court, however, granted him interim protection and said that due procedure of law should be followed after he appears before the trial court. However, the bench said on appearing before the trial court, Pandey would be at liberty to move application for bail which would have to be dealt strictly in accordance with law.

The Gujarat High Court had on July 1 dismissed Pandey's plea seeking quashing of FIR against him in the fake encounter case. The High Court, while rejecting Pandey's plea, also declared him an absconder.

PP Pandey was Joint Commissioner of Police when on June 15, 2004 Ishrat Jahan, Javed Shaikh alias Pranesh Pillai, Amjadali Akbarali Rana and Zeeshan Johar were killed in an encounter on the outskirts of Ahmedabad.


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