New Delhi, 21 February, 2012

The Supreme Court bench headed by Justice Aftab Alam on Tuesday questioned the Gujarat government for initiating a probe against social activist Teesta Setalvad for her alleged role in a case of illegal exhumation of the bodies of the 2002 riot victims, saying it is a “spurious” case to victimise her.

The bench said: “This is a hundred percent spurious case to victimise the petitioner (Setalvad).In other cases against petitioner, there may be something. This type of case does no credit to the state of Gujarat in any way.”

On Gujarat government’s other criminal proceedings against Teesta in other riot-related cases, the bench was of the view that it was not correct on the part of the Gujarat government to go ahead with the case.

Justice Aftab Alam headed bench asked senior advocate Pradeep Ghosh, who appeared for the Gujarat government, “You advise your client not to proceed with this type of case. You should show some responsibility and tell the government not to proceed with the case,” the bench said adding that the senior counsel go through the FIR “passionately” and tell the court as to what does he feel about it. The bench also asked Gujarat government’s standing counsel Hemantika Wahi to go through the FIR.

While posting the matter for March 23, the bench said its interim stay, imposed on July 29, 2011 on criminal proceedings against Setalvad in the case would continue till the next date of hearing.

Responding to the apex court notice, the state government had in its affidavit justified its probe against Setalvad in the case saying she actually planned and executed the digging of the graves without any permission in 2006.

It had claimed that during the probe into the case, it has emerged that “Teesta Setalvad, the petitioner herein, was the main accused, who actually planned and executed this operation of digging of graves near Pandarwada through her staff.”

The government had said the other accused have claimed innocence and had blamed Setalvad for instigating them to carry out the exhumation, which is a penal offence.

“Exhumation of the dead bodies without prior permission of the competent authorities constitutes an offence under sections 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 had said.

It was 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.

Earlier, the high court had declined to scrap the FIR, but had quashed the summons, which had termed her as absconding.