False affidavits: Govt moves High Court against bail to Teesta

Additional Public Prosecutor at HC Chetna Shah,said the petition was moved mainly on the ground that the Sessions Court did not consider the evidence placed against Setalvad while granting her anticipatory bail in August.

The petition was listed for hearing in the HC on Wednesday but has been adjourned to September 28.

The root of the matter lies in an order of the special trial court for the 2002 Naroda Gam killings case to register an offence of “fabricating evidence” on behalf of the riots victims and witnesses against Setalvad’s former employee,Rais Khan,and others. Khan worked with Setalvad’s organisation,Citizens for Justice and Peace (CJP),at the relevant time.

The special trial court had passed the order while acting on an application moved by Khan seeking permission to appear as a witness before the court.

Khan 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.

In his application,Khan blamed Setalvad for the fabrication,but the activist denied the charges saying Khan was a disgruntled former employee – he was sacked from CJP in January 2008 – who is playing into the hands of powerful accused in the riots cases.

Special trial judge S H Vora had dismissed Khan’s application while ordering the registrar of the Ahmedabad City Sessions Court to lodge a criminal complaint against Khan and others for “fabricating false evidence” and for “interference in the administration of public justice”.

Following the order,a case was registered with Navrangpura Police Station.

Subsequently,Setalvad moved an anticipatory bail application before the Sessions Court claiming the state government was targeting her since she was spearheading the legal battle for the 2002 riots victims.

The state government had termed Setalvad as the main accused in the case while relying upon the investigation done in the case so far.