Hardeep S Puri

Playing hardball with China


Hardeep S Puri

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

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Rais Khan

Activist's former aide had blamed her for the fabrication of affidavits of witnesses in the 2002 riots cases

A division bench of Supreme Court on Friday stayed the investigation in a case where activist Teesta Setalvad and others have been accused of fabricating false affidavits on behalf of the 2002 riots victims and witnesses.

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.

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