Saturday, December 4, 2010

Teesta Setalvad in big trouble

A.Thomas
New Delhi

SC takes serious exception to her writing to UN body on
Godhra trial

Refuses to entertain her plea challenging trial court order on Rais



Social activist Teesta Setalvad faced the ire of the Supreme Court on Thursday for taking her grievances in the ongoing Godhra riot cases before an international human rights agency at a time when the apex court was monitoring the progress of the investigations.


The court was referring to two letters sent by Setalvad’s NGO Citizens for Justice and Peace (CJP) to the United Nations Commission on Human Rights based in Geneva as recently as October 5 and October 7 this year.


In another setback to Teesta, the apex court refused to entertain an application where the activist challenged a recent trial court order which directed recording of statement of her former aide Rais Khan. Khan had made sensational allegations against Teesta-tutored witnesses and filed false affidavits in riot cases to mislead the Supreme Court.


Claiming that Khan’s “personal enmity” had led him to turn against her, Setalvad in her application demanded stay of proceedings before the Special Judge hearing the Gulbarga Society trial. On November 3, the Special Judge allowed Khan’s statement to be recorded by the special investigation team (SIT), entrusted with the probe.


The apex court Bench of Justices DK Jain, P Sathasivam and Aftab Alam felt that the remedy to challenge the Ahmedabad court’s order was before the Gujarat High Court. “This application is in an ongoing trial. If you are aggrieved, move the appellate authority under the Code of Criminal Procedure. How can we become the appellate authority?” the Bench said.


On the letters addressed by Teesta to the international body, senior advocate and amicus curiae Harish Salve informed the Bench that the SIT was “disturbed” over the constant airing of grievances by Setalvad to the international body. The letters addressed to SIT chairman RK Raghavan had complained about the poor witness protection in the Godhra cases and even contained information of how her former aide Rais Khan was bought over by the other side.


Agreeing with Salve, the Bench remarked, “What business has the international body to know what is happening in our courts...it is very serious as it’s a reflection on us.”


Teesta’s advocate Kamini Jaiswal justified the action which further provoked the Bench. “If you are justifying this, then we have to consider it in a different perspective,” the Bench said.


When Jaiswal said there was nothing wrong in forwarding the letter as CJP was part of an international body, the Bench retorted, “You may be associated with hundreds of organisations…We cannot involve outside agencies to oversee what we are doing.”


When Jaiswal took the plea that the letter apprised the Geneva-based body about need of witness protection, the Bench replied, “Will Switzerland provide you witness protection and not the Supreme Court?”


The Bench posted the matter for December 15 giving time to Teesta to seek instructions after her lawyer feigned ignorance about the contents of the letters.


What annoyed court

Setalvad's CJP sent letters to UN Commission on Human Rights in Geneva

SIT was ‘disturbed' over constant airing of grievances by Setalvad to international body

Letters complained about poor witness protection in Godhra cases

Also contained information of how Rais Khan was allegedly bought over

On Rais Khan, SC told her to move appellate authority under CrPC

No comments:


Add to Google