A local court in Ahmedabad on Thursday reserved its orders on bail applications filed by social activist Teesta Setalvad and former IPS officer R.B. Sreekumar, both facing charges of committing forgery and fabricating evidence to implicate top functionaries of Gujarat government in a case related to the 2002 Gujarat riots.
Both have been charged under various sections of Indian Penal Code including 468, 471, 194, 211, 218, and 120B.
IPC section 468 deals with forgery for purpose of cheating, section 471 with using as genuine a forged document, section 194 with providing or fabricating false evidence with intent to procure conviction of capital offence, section 211 for false charge of offence made with intent to injure, section 218 for public servant framing incorrect record or writing with intent to save person from punishment or property from forfeiture and section 120 (B) for criminal conspiracy.
During the hearing for her bail application, the police submitted an affidavit claiming that “she and other accused were part of larger conspiracy to destabilise the then elected government headed by CM Narendra Modi” and she worked “at the behest of late Congress leader Ahmed Patel” after the communal riots of 2002.
As per the affidavit, “The political objective of the applicant [Ms. Setalvad] while enacting this larger conspiracy was dismissal or destabilisation of the elected government.”
“She obtained illegal financial and other benefits and rewards from rival political party in lieu of her attempts to wrongly implicate innocent persons in Gujarat,” the affidavit further stated.
The police have also recorded statements of several witnesses to support the charges levied against Ms. Setalvad and Mr. Sreekumar and another former IPS officer Sanjiv Bhatt.
The police have also accused her of “misappropriation of funds” collected in the name of victims of the riots. According to the prosecution claim, Ms. Setalvad “used the guise of collecting money in the name of riot victims” and used a Foreign Contribution Regulation Act licence to obtain foreign funding from various international NGOs.
Moreover, the affidavit reproduced a series of emails exchanged between the then DIG Sanjiv Bhatt and a few Congress leaders of Gujarat, claiming that Bhatt was “in touch with and working at the behest of Congress leaders.”
On Thursday, arguing against granting of bail to the accused, the special public prosecutor submitted that the applicant (Ms. Setalvad) “fabricated statements of riots victims, fabricated affidavits and also fabricated evidence” to implicate the then CM and others in the case.
On Zakia Jafri, the Gujarat Police claimed that she was “instigated” and “used” by Ms. Setalvad to file a case naming the then CM and others.
It may be noted that Ms. Zakia and Ms. Setalvad’s NGO Citizens for Justice and Peace (CJP) had moved the court seeking a direction to Gujarat Police to lodge an FIR naming the then CM and others while calling the 2002 riots a “pre-planned” conspiracy to target minorities in the State.
During the bail hearing, both Setalvad and Sreekumar strongly denied all charges levied against them by the state police.
She through her counsel argued that none of the alleged offences in the matter are maintainable under Sections 191/192 (giving and fabricating false evidence) and even Section 211 (instituting criminal proceedings to cause injury) of the IPC, as nowhere any court in which the said matter was being heard had made any complaint or suggested regarding any forgery or fabrication of evidence.
She has further told the court that instead of substantiating the case with adequate evidence, the police have moved in a totally different direction of “larger conspiracy” and “political links etc.,” that have no relevance to the case.
“No evidence exists in the case,” her lawyer submitted while arguing for the granting of bail.
After hearing the arguments from the prosecution as well as the accused, Additional Sessions Judge DD Thakkar has reserved the order which will likely be passed next week.
