Defamation: Police for criminal action against Teesta Setalvad

In her inquiry report,Rathod has recommended criminal actions against Setalvad,husband Javed Anand and Madurai-based activist Henry Triphagne of People’s Watch under sections 499,500 and 501 of the Indian Penal Code,pertaining to defamation.

She had submitted the report before the court last week. Rathod had conducted the inquiry following an order from Metropolitan Magistrate T S Brahmbhatt under Section 202 of the Code of Criminal Procedure (CrPC). The order was based on a complaint by Setelvad’s former aide Rais Khan Pathan.

Pathan,who worked for Setalvad’s NGO Citizens for Justice and Peace,was sacked in 2008.

In June this year,he filed a defamation suit against Setalvad claiming she wrote defamatory articles,linking him with Vishwa Hindu Parishad and other Hindu organisations,in Communalism Combat magazine,which is published by her husband. She had also posted these articles on a website founded by Triphagne,he had alleged.

“Articles carrying allegations against Pathan were found baseless. There are no documentary evidence to support the accusations published in the form of articles in Communalism Combat,” Rathod has said in the report,a copy of which is with The Indian Express.

The report says that although the articles blamed Pathan for various financial irregularities,the inquiry found “no evidence” to support this even after statements were obtained from the three accused.

Rathod had submitted the report to the court on October 5,and the court thereafter asked Pathan to be present before it on December 26.

That same day (October 5),Setalvad had moved the Gujarat High Court challenging the Metropolitan Court’s order of inquiry by a DCP-rank officer. She had argued that the inquiry order was beyond the scope of CrPC section 202.

Setalvad and two other CJP trustees had earlier written to city Police Commissioner S K Saikia,stating that “such an order should not have been passed by the learned magistrate and at the highest,he should have only issued process…”

Rathod also included a copy of this letter in her report,saying the contents amount to contempt of court.