Ahmedabad, 25 May, 2011
Rais Khan Pathan, former associate of Teesta (Javed) Setalvad and an
accused in the Pandarwada mass grave exhumation case, criticized
Justice P.B. Sawant for favoring Teesta and heading “Committee for
Defense of Teesta Setalvad & Justice in Gujarat.” The committee was
formed on 23rd May 2011 in Mumbai by Sawant, Desai and former Gujarat
Chief Minister Suresh Mehta. The very interesting note of Pathan sent
to Mr. Sawant is presented below.
Dear Mr Justice PB Sawant,
I am deeply distressed to write this Open Letter to you as I would be
calling into question certain facts to a Judge who was once part of
the Supreme Court of India and who has the rare distinction of
practiced all branches of law.
I, as an ordinary social worker, am truly perturbed that you addressed
a press conference on 23rd May 2011 at Mumbai after forming a dubious
body “Committee for defense of Teesta Setalvad & justice in Gujarat”
in support of Teesta who has often been seen to be toying with the
majesty of law and was pulled up by the Supreme Court itself for
taking her grievances in the ongoing Godhra riot cases to an
international human rights agency at a time when the apex court itself
was monitoring the progress of the investigations. She has been
repeatedly stepping on the toes of the law unmindful of the
consequences & cheating her own people for her selfish gains.
In the past you had been closely associated with Medha Patkar, a
social activist of dubious character who has been finally unmasked
when the SC reprimanded her for filing false affidavits and misleading
the court. The apex court even cautioned all courts across the country
not to be swayed and be careful when entertaining her (medha)
petitions.
You have participated in seminars and discussions in favor of naxal
sympathizer Binayak Sen who was convicted on the charges of sedition
and recently granted bail by the SC.
Is this habit of yours (that you always side with the wrong people),
has now forced you to support Teesta?
You will recall that you visited Ahmedabad in April 2002 along with
Justice V.R. Krishna Iyer & Justice H Suresh & K.G. Kannabirayan ,
President PUCL etcc… & stayed in Karnavati club for conducting an
inquiry of Gujarat riots under the banner of Concerned Citizens
Tribunal. During your stay in the club, I met you on number of
occasions as I was the Chief Co-Ordinator for bringing all the victims
and witnesses from various part of the state to Ahmedabad for
deposition before you. I still remember that before victims and
witnesses were sent to depose before your panel, they were tutored by
Teesta Setalvad and Sohel Tirmizi in an another room of the club. I am
an eye-witness of that proceedings.
My questions to you are not frivolous in the least nor do I intend it
to be so. Permit me to refresh your memory on cases filed against
Teesta Setalvad by her own people. These cases have become legion and
if you go through patiently you will realize how serious the charges
are for an honest appraisal. Few examples are given below:
1) Yasmeen Banu Sheikh: A prime prosecution witness in Best Bakery
Case in her affidavit dtd 17/06/2010 to the Chief Justice Mumbai H.C.
accused Teesta Setalvad for forcing her to lie in the Trial court at
Mumbai & stated “ Teesta setalvad made me to give false testimony in
the Best Bakery case by luring & misguiding me”. She narrated how
after her deposition she was thrown out from the house where she was
kept for 11 months. When Mumbai H.C. had not taken any cognizance on
her affidavit, she filed a writ petition in the Mumbai H.C. to
re-examine her in the interest of justice
2) Qutubudin Nasiruddin Ansari whose photographs with folded hand
became face of Gujarat riots, in a letter to the Collector Ahmedabad
on 7th July 2009 stated that he was sent to Ahmedabad by an NGO
(obviously by Teesta’s CJP) and later to Malegaon but came back to
Ahmedabad because now everything is normal in Gujarat and now he is
happily settled here. This person was too was cheated by her.
3) Madina Banu: A witness of Naroda Gam case during her deposition in
August’ 2010 before the SIT as well as in the court of Additional
Session Judge disowned parts of her affidavit submitted before the
Supreme Court saying she was not raped though she spoke of being raped
by the mob in her affidavit to the S.C on the prodding of Teesta.
4) Zahira Habibulah Sheikh: A star witness of Best Bakery case filed a
criminal complaint against Teesta Setalvad that she was forced by
Teesta to give false deposition. She was kept confined illegally in
2003 and Zahira has not only accused Teesta but also her other
associates in Baroda
5) Nanumiya Rasulmiya Malik: A witness of Naroda gam case no. 203/2009
during deposition in August’ 2010 before SIT as well as before
Additional Session Judge disowned certain parts of his affidavit
submitted before the Supreme Court through the CJP of Setalvad.
Nanumiya denied seeing any rape or murder on 28th Febuary’ 2002 which
was mentioned in his affidavit in S.C.
6) Imran Pathan: A witness of Naroda gam case too disowned certain
parts of his affidavit denying seeing any rape or murder though in his
affidavit to the SC had vouched for mass murder & rape in Naroda gam
area.
7) Rafiq Malik: A witness of Naroda gam case during his deposition in
September ‘2010 retracted like above mentioned witnesses saying he did
not see any rape or murder on 28th Febuary’ 2002 though his affidavit
said it differently.
Zahid Kadri: An educated Muslim leader, of Ahmedabad in his affidavit
dtd 28/05/2010 to the Chief Justice of India, blamed Teesta Setalvad
for using him for her selfish games in the name of helping him in
getting justice for his son, who was killed in the police firing
during the 2002 riots. Mr. Kadri in his affidavit has blamed Teesta
for misguiding poor Muslims in the name of religion & collecting money
in the name of helping riot victims.
9) Pandarwada Case:
a) On 27th December 2005, on the instructions of Teesta Setalvad, I
along with others dug-up the graves near Panam river closed to
Pandarwada without permission. An FIR was filed against me & others.
Though everything was done on her instructions she never supported us.
I alongwith Gulam kadri, sikander Abbas were arrested and send to jail
for no fault of ours. Out of 9 accused persons, 5 persons namely
myself, Gulam kharadi, Sikander Abbas, Kutub shah Diwan, Jabir
Mohammed recorded statement U/s 164 of CrPC before the magistrate &
narrated the true story of how we were forced to do this act by Teesta
Setalvad. The Pandarwada police has already filed the first
charge-sheet against us. Teesta managed anticipatory bail for herself
but never bothered for us.
b) Rahul Singh a Senior Journalist working with Headlines Today, New
Delhi is one of the witnesses of this case who reported the story, at
that time. Mr. Singh who is an independent witness in this case in his
affidavit dtd 18/02/2011 to the I.O. Lunawada categorically mentioned
that “I met Raiskhan & others, spoke to Teesta & visited Pandarwada as
a part of my journalist duty, however at no point of time during my
interaction with Rasikhan & telephonic conversations with Teesta
Setalvad, I was ever told by them that they have not taken permission
from the authorities to exhume the bodies & that they knew that the
body so buried by the police near Panam river at the outskirts of
Lunawada town, were buried with proper procedure”. Mr. Singh also
stated that “ he has not given any interview to any
magazine/newspapers on the subject & whatever has been published in my
name was without my knowledge & concurrence”. Teesta planted stories
in various newspapers in his name.
Details of my cases against Teesta:
• I Filed a complaint against Teesta on 09/09/2010 to the commissioner
of police, Ahmedabad accusing her of hacking of my e-mail account.
• I Filed an application on 30/11/2010 U/s 311 of CrPC 1973, in the
court of Additional Session Judge, Mehsana in the Sardarpura Massacre
case no. 275/2002 for examining me as a court/prosecution witness
because all affidavits dated 06/11/2003 of witnesses namely Ibrahim
miya rasool miya sheikh, Nazair mohammed sheikh, Hizbul miya sheikh,
Ashiq hussain sheikh, Mohammed Sattar sheikh etc…were prepared by
Teesta Setalvad & sent to me in my e-mail account for notarization
from these witnesses. Contents of the affidavits were in English &
were not known to these witnesses.
• I Filed an application on 28/10/2010 U/s 311 of CrPC 1973 in the
court of Additional Session Judge, Ahmedabad in the Naroda Gam case
no. 203/2009 for examining me as a court/prosecution witness because
main witnesses of the case namely Nanumiya Rasulmiya Malik, Madina
Banu & Imran Pathan distracted from their original affidavit filed in
the S.C. through Teesta Setalvad & claimed that various contents of
the affidavit are false & were inserted by me without their knowledge.
• I Filed an application on 01/11/2010 U/s 311 of CrPC 1973 in the
court of Additional Session Judge, Ahmedabad in the Gulbarg Society
case no. 152/2002 for examining me as a court/prosecution witness
because Zakia Jafri, widow of former Congress MP Ehsaan Jafri lied
before the court that she has not taken any help from Teesta Setalvad.
The court on 3rd November’ 2010 ordered SIT to record my statement.
Imtiyaz Khan Pathan a closed associate of Teesta Setalvad filed an SLP
no. 7046 of 2010 in the S.C. for stay of order. I filed the
intervention application in this case. Fearing that S.C. may pass
adverse order, she decided to withdraw the application.
• Justice Nanavati Shah Commision – I filed an affidavit in the
Justice Nanavati Shah Commision on 19/10/2010 with a prayer to take
appropriate action against Teesta Setalvad who has mislead various
courts & forced innocent victims & witnesses to file false affidavits
which can lead to prosecution of innocent persons in the on going
trials in various courts on the basis of false & fabricated affidavits
prepared by Teesta with ulterior motive.
Despite all the above stated facts if you still stand by Teesta
Setalvad, the bigger question that one would like to ask you is, if
there is an axe to grind in all of this, when universally, after
retirement a judge is expected to maintain his decorum and should not
hobnob with convicts & dubious characters.
This question is really disturbing me as to how can a learned judge
like you, support a person who cheats her own people and her agenda is
to earn name, fame and money on the bodies of riot victims?
I am sure you would like to give an honest answer to me.
Rais Khan Pathan
D/A-28, Ajit Residency
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