Wednesday, July 27, 2011

‘Fabricated’ affidavits: Teesta Files for Anticipatory Bail in Sessions Court


The anticipatory Bail Application of Teesta Setalvad in the Naroda Gaam case was heard at length today. The State of Gujarat revealed its cards with the public prosecutor stating that there was enough evidence with the Gujarat Police for a Custodial Interrogation of Teesta Setalvad. Setalvad's advocate SM Vohra argued that the Gujarat police action was nothing short of vendetta against Setalvad for legally assisting the Victims of the Gujarat Genocidal Carnage of 2002.

The Court has extended protection to Setalvad against arrest till Aug 2 and will deliver its judgement on that day. Orders on Aug 2


Express News Service

Ahmedabad: Activist Teesta Setalvad on Monday moved an anticipatory bail petition before the Ahmedabad Sessions Court in connection with a criminal case against her former aide Rais Khan Pathan for allegedly making fabricated affidavits on behalf of the 2002 riots victims.

The petition, moved through her advocate S M Vohra, is likely to be heard on July 27.

The FIR against Pathan and others was lodged with a magisterial court by the registrar of the Ahmedabad City Sessions Court following an order of the special trial court for the Naroda Gam massacre case.

Vohra said the concerned magisterial court has already ordered criminal investigation under Section 156 (3) of the Criminal Procedure Code. "The investigation is ordered against Pathan and others. Pathan has been giving the name of Setalvad in the matter for long. So we apprehend that biased Gujarat Police will arrest Setalvad in the case," he said.

Vohra added that the criminal process is harassment to Setalvad for her campaign for the riots victims against the Narendra Modi government.

The trial court for the Naroda Gam case had, in December last year, ordered to register the offence of 'fabricating false evidence' against Pathan and others. The court had passed the order while acting on an application moved by Pathan seeking permission to appear as a witness before the court.

Pathan had moved the application after certain witnesses in the case, during their deposition in the trial, disowned certain portions of their affidavits submitted before the Supreme Court and held him responsible for the fabrication. The affidavits were put before the SC with a prayer to shift the trials of the riots cases outside Gujarat. In the affidavits, serious allegations like murder and rape were levelled against accused.

In his application, Pathan accused Setalvad, secretary of Citizens for Justice and Peace (CJP), for the fabrication in the affidavits.

But Setalvad denied the charges, saying Pathan was a disgruntled employee as he was terminated from CJP in January 2008, and was playing in the hands of some powerful accused.

The trial court had dismissed the application and ordered to lodge a criminal complaint against Pathan and others.


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