Tuesday, May 31, 2011

’02 riots case: HC quashes Teesta summons, raps cops

Gujarat EDN
TOI 28MAY2011

'02 riots case: HC quashes Teesta summons, raps cops


Ahmedabad: Activist Teesta Setalvad got respite from the Gujarat high court in connection with an FIR lodged against her for exhumation of bodies of the 2002 riots victims
from a mass grave in Pandarwada of the Panchmahal district.
Justice G B Shah quashed the police summons issued against her asking to remain present on May 31 and rebuked the investigating officer (IO) of the 2006 case for committing the mistake of showing Setalvad as an absconding accused, when she had already obtained anticipatory bail.
 The high court has asked the IO to rectify his mistake in the chargesheet. The judge also pulled up the state government for making false claims that Setalvad was not co-operating with the investigation.
  However, the court did not quash the FIR in which she has been implicated, but Setalvad's counsel Kamini Jaiswal did not press for the main prayer of the petition - to cancel the FIR lodged with Lunawada police station.
  This complaint was lodged by the authorities of Lunawada municipality against seven persons, including then officebearer of Citizens for Justice and Peace, Rais Khan.
 Khan and others were arrested in this case earlier this year after the high court vacated the stay on investigation. During their custodial interrogation, Setalvad's name was revealed and Khan alleged that the grave was dug up at the behest of Setalvad. The investigating officer issued summons to Setalvad first under Section 160 of CrPC. After she was shown as absconding accused in the chargesheet, she was issued summons again. But by this time, she had obtained anticipatory bail.
 This process on part of the police irked the high court, which quashed the summons.


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