Citizens for Justice and Peace

False affidavit charge: Teesta Setalvad moves HC against probe The Times of India

04, May 2018 | TNN

AHMEDABAD: Social activist Teesta Setalvad on Thursday moved the Gujarat high court against the SIT court’s directions to the court registrar to act against the persons responsible for the alleged offence of preparing false affidavits on behalf of victims of the 2002 riots and filing them before the Supreme Court.

The SIT court hearing the Naroda Gam massacre case had ordered further action after Raees Khan, a former aide of Setalvad’s, requested the court to summon him to depose on the alleged false affidavits. The court rejected his application but ordered the registrar to take appropriate action. The registrar sent the matter to the metropolitan court, which ordered a police investigation under section 156(3) of the CrPC.

Setalvad had then approached the SC for protection against police action, but withdrew her plea after the apex court said that no action had been taken against her by the police till then. Setalvad also obtained anticipatory bail from a sessions court. This led the state government to ask the HC to cancel her bail and to direct Setalvad to surrender to judicial custody. The issue was kept pending as Setalvad had moved the SC.

After Setalvad withdrew her plea from the SC, the state government in March asked the HC to revive the application to cancel her anticipatory bail.

 Meanwhile, police issued summons to Setalvad. This has created a locus for her to seek relief in this case. She filed a petition seeking the quashing of the SIT court’s order and the metropolitan court’s order for police investigation in the alleged false affidavit case.
As there was a delay of more than five years in filing the appeal, Setalvad requested the HC to pardon the delay. Justice A J Desai admitted her application to condone the delay and issued notice to the state government. Further hearing on this matter is posted for July.
Meanwhile, Justice J B Pardiwala recused himself from hearing the state government’s application to revoke Setalvad’s anticipatory bail. He also recused himself from a petition Setalvad filed questioning the scope of the court inquiry into her NGO’s affairs based on a defamation complaint against her filed by Khan, Setalvad’s advocate said.
The complete article may be read here.


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