New Delhi : The Supreme Court on Wednesday paved the way for investigation into the fabrication of evidence in a 2002 post-Godhra riot case on the allegation by social activist Teesta Setalvad’s former close aide Rais Khan Pathan against her.
Setalvad and her NGO, Citizen for Justice and Peace (CJP), had challenged the decision of the Gujarat High Court upholding a magisterial court order for a probe against Pathan and others, reports PTI.
During the pendency of their appeal, the apex court on September 2, 2011, had stayed the high court’s order giving a green signal for probe against Pathan and others for allegedly fabricating evidence in the Naroda Gam riots case.
A bench of Justices Arun Mishra and M M Shantanagoudar on Wednesday disposed of their appeal by granting liberty to them to raise their grievances before the appropriate courts below the top court.
With the disposal of Setalvad’s petition, the stay on the High Court’s order stands vacated.
During the hearing, senior counsel Kapil Sibal, appearing for CJP and Setalvad, questioned the procedure adopted by the trial court in directing the Gujarat Police to investigate the case.
Senior advocate Mahesh Jethmalani, representing Pathan, told the bench that CJP and Setalvad had no locus to challenge the high court’s order before the apex court and they have not yet been summoned by the trial court.
During the trial in the case, the additional sessions judge had on December 3, 2010 rejected the application of Pathan seeking to be examined as a court or prosecution witness to “prove that some of the witnesses and victims had falsely implicated him in fabricating the evidence”.