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In a bid to establish the credibility of witnesses who testified against social activist Teesta Setalvad for “fabricating” statements in the post-Godhra riots cases, the Gujarat Government informed Supreme Court on Monday that the statements were recorded before the stay of the trial by the court.
The bench of Justices Aftab Alam and Ranjana Prakash Desai, hearing a petition filed by Setalvad, had raised doubts over the claim by Gujarat Government that the social activist had manipulated the statements of witnesses to make a strong case against the State Government. The court wished to know how the witnesses could depose when the trial of the case was stayed by it on September 2 last year.
“How could the affidavit contain the statements of the witnesses as annexure (to the State’s affidavit) when this court by an interim order had stayed the proceedings,” the bench asked.
Gujarat’s counsel Hemantika Wahi told the court that the statements were recorded prior to the stay of trial. “Those statements were recorded before this court stayed the order of the Gujarat High Court,” Wahi said.
The counsel said investigation was carried out by the police and statements of witnesses were recorded on the order of the High Court which was later stayed by the apex court. After a brief hearing, the bench extended its interim stay on the proceedings till further order and posted the matter for final hearing in July this year.
The affidavit by the State annexed the statements of seven witnesses who recorded their evidence during July 22-25, 2011 before a senior police officer. This was done on order passed by an Ahmedabad court in relation to Naroda Gram riots case where Setalvad’s former aide Rais Khan Pathan has been accused of fabricating evidence.
The affidavit filed by the ACP, Ahmedabad City, named the witnesses and said “all of them have supported the contents of the complaint”. The FIR in this case was lodged in December 2010 on order by a special magistrate court. Fearing that the probe against Khan could prove detrimental to her interests, Setalvad had approached the court challenging the enquiry.
Advocate Sanjay Parikh, who appeared for Setalvad and her NGO, Citizen for Justice and Peace (CJP), said that the situation is same which arose in the Best Bakery riot case involving star witness Zahira Sheikh in which the court had appointed a committee.
The bench of Justices Aftab Alam and Ranjana Prakash Desai, hearing a petition filed by Setalvad, had raised doubts over the claim by Gujarat Government that the social activist had manipulated the statements of witnesses to make a strong case against the State Government. The court wished to know how the witnesses could depose when the trial of the case was stayed by it on September 2 last year.
“How could the affidavit contain the statements of the witnesses as annexure (to the State’s affidavit) when this court by an interim order had stayed the proceedings,” the bench asked.
Gujarat’s counsel Hemantika Wahi told the court that the statements were recorded prior to the stay of trial. “Those statements were recorded before this court stayed the order of the Gujarat High Court,” Wahi said.
The counsel said investigation was carried out by the police and statements of witnesses were recorded on the order of the High Court which was later stayed by the apex court. After a brief hearing, the bench extended its interim stay on the proceedings till further order and posted the matter for final hearing in July this year.
The affidavit by the State annexed the statements of seven witnesses who recorded their evidence during July 22-25, 2011 before a senior police officer. This was done on order passed by an Ahmedabad court in relation to Naroda Gram riots case where Setalvad’s former aide Rais Khan Pathan has been accused of fabricating evidence.
The affidavit filed by the ACP, Ahmedabad City, named the witnesses and said “all of them have supported the contents of the complaint”. The FIR in this case was lodged in December 2010 on order by a special magistrate court. Fearing that the probe against Khan could prove detrimental to her interests, Setalvad had approached the court challenging the enquiry.
Advocate Sanjay Parikh, who appeared for Setalvad and her NGO, Citizen for Justice and Peace (CJP), said that the situation is same which arose in the Best Bakery riot case involving star witness Zahira Sheikh in which the court had appointed a committee.
