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Apex court questions Gujarat on probe against Setalvad
Monday January 30, 2012 09:33:52 PM,
IANS
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New Delhi:
The Supreme Court Monday asked the Gujarat government why it was
recording statements of witnesses alleging that social activist
Teesta Setalvad doctored affidavits of victims of the 2002 riots
when the proceedings had already been stayed by the court.
The apex court bench of Justice Aftab Alam and Justice R.P. Desai
asked the state government standing counsel Hemantika Wahi why the
statements were being recorded.
Wahi told the court that the statements were recorded after the
Gujarat High Court verdict permitting the probe and just before
the apex court's interim order staying it.
The apex court query came in the wake of witnesses' statements
annexed by the Gujarat government with its affidavit before the
court.
Appearing for Setalvad, senior counsel Sanjay Parikh told the
court that the statements being made now against the social
activist, who represents activists' group Citizens for Justice and
Peace (CJP), were untrue.
As Parikh told the court that he would require some more time to
argue the case, the court adjourned the hearing with a direction
for listing the case in July.
The case is rooted in a confession by Setalvad's former colleague
in CJP, Rais Khan Pathan, before a magistrate. Pathan alleged that
he along with Setalvad doctored the affidavits filed by Gujarat
riot victims.
He also told the magistrate that both of them had doctored
documents containing fabricated evidence presented before
different courts hearing riots case.
The magistrate later ordered probe into the allegations.
The order of probe by police was challenged by the civil and
sessions court registrar before the Gujarat High Court contending
that after the confessional statement the magistrate should have
taken the cognizance of the matter.
The high court July 11, 2011 gave a go-ahead to the probe ordered
by the magistrate. The order of the high court was stayed by the
apex court Sep 2, 2011.
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