An accused in one of the Gujarat riots cases of 2002 has approached the Supreme Court seeking the prosecution of social activist Teesta Setalvad on the charge of perjury by tutoring the witnesses to file false affidavits.
Shashikant Patil, who is an accused in Naroda Patiya riot case and is in jail for the last eight years, has alleged Setalvad has procured various false and fabricated affidavits to convince the apex court that investigation and trial in the matters referred to Special Investigation Team (SIT) was not proper and sufficient.
He claimed false affidavits have been filed at her behest in the matters which are pending before the apex court.
In the application, Patil alleged Setalvad, who heads the NGO, Citizen for Peace and Justice, cooked up the story and made an alleged rape victim of the riot to file a false affidavit before the apex court, which she denied in her statement before SIT on May 20, 2009, that she was raped.
He alleged that pertaining to the incidents of Naroda Gam and Naroda Patiya, six other persons filed affidavits having the "same language on November 15, 2003, making vague allegations of rape, mutilation and murder at the behest of Setalvad."
The application, which is likely to be taken for hearing along with the other riot cases by the special bench on October 26, contended that "the false affidavits are filed to mislead this court and procure conviction, punishable for various terms including capital punishment and life imprisonment".
"The respondent (Setalvad) has thus committed the offence of fabricating false evidence, which is a serious obstruction of justice and punishable under the aforementioned provisions," the application said.
The accused sought investigation against her for offences punishable under Sections 192 (fabricating false evidence), 193 (punishment for false evidence), 194 (giving or fabricating false evidence with intent to procure conviction of capital offences)- and 195 of Indian Penal Code.
Patil alleged Setalvad tutored the witnesses with an idea to thwart the investigations and trial so that accused persons continue to languish in jail without trial.
"There is a stay on the trials and any progress towards smooth conduct of trials is sabotaged by Setalvad through various methods," the application said adding "the said falsities have now come to light and it is necessary that the respondent is punished for her adamant approach in deceiving this court".
The application said the SIT report submitted to the apex court mentions that witnesses went to the investigation officer with typed statements of the incident.
"When the SIT was conducting further investigation as directed by this Court, some persons purported to be the witnesses, came along with pre-typed and pre-signed statements and requested the SIT to take them on record," the application said.
Patil, in his application, claimed that on further scrutiny and inquiry, such witnesses admitted before the officials of SIT that they have been given such pre-typed and pre-signed statements by Setalvad which are drafted by one advocate NM Timizi.
"The constant attempts of respondent (Setalvad) in stalling smooth conduct of investigation and trial has resulted in accused being in jail for a period of eight years without trial," the application said.
