The Congress said on Sunday that it was the duty of the judiciary to decide if Ishrat ​Jahan was a terrorist or not. Addressing the press in the national capital, senior Congress leader Kapil Sibal said, "Ishrat and three other were killed in an encounter. There was a magisterial enquiry, which found that this encounter was 'fake'. All four were killed by the Gujarat Police. They were killed in close range. When the matter reached the Gujarat HC an SIT was constituted.