SC can’t stay trial,SIT has no right to summon Modi: Gujarat govt

The government said the SIT misconstrued an April 27,2009 order of a division bench led by Justice Arijit Pasayat to merely “look into” the complaint filed by Jafri’s widow Zakia,and had empowered itself with the power to summon and question Modi and others on the Gulberg Society massacre. Modi was questioned on March 27 by the SIT on his alleged role in the Gulberg Society case.

“I state and submit that though this honourable court merely required SIT,in order dated April 27,2009 ‘to look into the complaint’,the SIT started calling persons named therein and started recording their statements which is neither permissible in law nor contemplated in the aforesaid order,” the affidavit said.

The Gujarat affidavit comes after the state protested,during a hearing on April 6,a move to stay ongoing trials on the application made by Setalvad and others activists on the ground that the functioning of the SIT was biased. The state insisted that the Supreme Court first hear their view before staying the trial or transferring the cases to the CBI as mooted by the activists.

“Ms Teesta Setalvad committed a serious offence of interfering with the investigations by sending tutored witnesses,filing false affidavits before this hon’ble court and made attempts to intimidate the agency appointed by this hon’ble court by making belated allegations against them,” the affidavit said.

“This is a fit case to do complete justice for protecting and maintaining the majesty of this hon’ble court and in the most respectful submission of the state government,this hon’ble court be pleased to direct registration of an offence against Ms Teesta Setalvad and her accomplices and the investigation be ordered to be conducted,” it said.

The Gujarat government asked the Supreme Court to issue notices to all states to restrict the roles of NGOs and examine the “extent of interference by such third parties”.