Teesta executed exhuming: SC told

Teesta executed exhuming: SC told

The Gujarat Government has justified before the Supreme Court its action against social activist Teesta Setalvad in the case of illegal exhuming of bodies in Panchmahal district in 2005 and claimed that she “actually planned and executed” the act. It is alleged that in 2002, about 28 unidentified bodies of the riot victims from Pandarwada and surrounding villages in Khanpur taluka were buried in the graveyard.

In an affidavit in response to the court’s notice, the State Government said other accused have claimed innocence and blamed Setalvad for instigating them to carry out the operation.

“Exhumation of the dead bodies without prior permission of the competent authorities constitutes an offence under Section 192 (fabricating false evidence), 193 (punishment for false evidence, 201 (causing disappearance of evidence), 120-B criminal conspiracy), 295(A) (deliberate and malicious acts intended to outrage religious feelings) and 297 (trespassing on burial places) of IPC,” the affidavit said.

The SC on July 29 stayed criminal proceedings against Setalvad after she challenged the May 27 order of Gujarat High Court refusing to quash the FIR against her in Panchmahal district in the same case. The matter is listed for hearing in the SC on November 24.

“During investigations of 5 arrested accused namely Rais Khan Pathan, Gulam Kharadi, Sikander Abbas, Qutub Shah Diwan, Jabir Mohammed and the statement of an independent witness Rahul Singh, it has emerged that Teesta Setalvad, the petitioner herein, was the main accused who has actually planned and executed this operation of digging of graves near Pandarwada through her staff,” the affidavit reads.

It termed as totally “concocted, false and misleading” Setalvad’s claim that digging of graves was carried out after the relatives of deceased heard from the sweeper that there were some dead bodies buried in the forest land and their close relatives have been arraigned as accused.

The affidavit said, “Only unidentified and unclaimed bodies were given to the Nagarpalika for burial that too after performing necessary post-mortem,” and accused the social activist of instigating “communal feeling” by digging out the bodies through her office-bearer by calling media and local people.

The Gujarat Government noted that CBI team reached Lunawada and took over the investigation just a day after the incident, as assured by Setalvad to Rais Khan, who was initially reluctant to held the activist.

“It is noteworthy that CBI takes over investigation only either on the request from the State Government and/or on the orders from the competent court, however, in this case neither there was any request from the State nor any court order, still CBI team reached Lunawada the very next day of incident. This action of the petitioner (Setalvad) itself speaks volumes about her clout, influence and meticulous planning,” the affidavit said.

The Gujarat Government also questioned the conduct of Setalvad, who after getting relief from the apex court on July 29 this year, came to the office of the Investigation Officer at about 12 noon “in a victory style procession” with 30-40 supporters and mediapersons.