Teesta gets relief,apex court stays probe in case of false affidavits

The bench comprising Justices R M Lodha and Aftab Alam passed the order while acting on a petition moved by Setalvad and the organisation she represents,Citizens for Justice and Peace.

The petitioners had challenged an order of the Gujarat High Court,which had ruled that the probe should continue in the case except against Rais Khan who has already been made an accused by the special trial court for the 2002 Naroda Gam massacre case.

Khan was a close associate of Setalvad before he was removed from CJP in January 2008 for his alleged proximity to some of the prime accused in the 2002 riots cases.

The state government has made it clear Setalvad is the prime accused in the case. Setalvad has been granted anticipatory bail by the Ahmedabad City Sessions Court in the case.

In December last year,the special trial court for the 2002 Naroda Gam massacre case had ordered that an offence of “fabricating evidence” be registered against Khan and others. The court’s order came on an application moved by Khan to appear as a witness.

Khan had moved the application after certain witnesses in the case had,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 riot cases outside Gujarat. In the affidavits,parts of which are being disowned by the witnesses now,serious allegations like murder and rape have been levelled against the accused.

In his application,Khan said Setalvad was responsible for the fabrication. Setalvad denied the charges,saying Khan was a disgruntled employee playing into the hands of powerful accused in the riot cases.

In the wake of government’s contention that she is the prime accused in the case,Setalvad had challenged the HC order in the SC with a prayer to quash the entire criminal proceedings initiated against her in the case.