A bench of Justices B Sudershan Reddy and G S Singhvi said its Novermber 30 order staying the proceedings would continue till the next date of hearing slated for listing after the first fortnight of January 2010.

The bench extended the stay at the request of counsel Kamini Jaiswal, appearing for the girl's mother Shamima Kaushar, who questioned the high court's decision to hear the case when the matter was already pending in the apex court.

Kaushar had earlier moved the court saying it was highly improper on the part of the high court to hear the matter at a time when the apex court had already issued notice to the government on the issue.

The Gujarat government had faced an embarrassment after a judicial magistrate held the encounter as 'fake' and termed it as murder in cold blood.

The state had claimed the deceased had come to Ahmedabad [Images] to kill Chief Minister Narendera Modi. Mumbai-based Ishrat (19), was killed in an encounter along with three other persons Javed Ghulam Sheikh alias Pranesh Kumar Pillai, Amjad Ali alias Rajkumar Akbar Ali Rana and Jisan Johar Abdul Gani by Crime Branch officials near Ahmedabad on June 15, 2004.