Date: 13 April 2012
Subject: SC slams Gujarat govt., spares Teesta in mass grave case



SC slams Gujarat govt., spares Teesta in mass grave case - Full Story -
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Fri, 13 Apr 2012
I
 SC slams Gujarat govt., spares Teesta in mass grave case
 By Newzfirst  4/13/12




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 NEW DELHI - In a relief to social activist Teesta Setalvad, the Supreme
Court Friday stayed all the proceedings against her in connection with the
2002 Gujarat riots case involving exhumation of unidentified bodies buried
at Lunawada in the state.


The court said that it was the Gujarat authority that should have been
prosecuted for the violation of human rights.

An apex court bench of Justice Aftab Alam and Justice Ranjana Prakash Desai
told Gujarat government counsel: "You must have read the FIR (first
information report). Accused should have been on the other side (state
authority). It was the state which should have been prosecuted for the
violation of the human rights."

The court stressed, "We are highly dissatisfied. The case is made out
against the authorities. If an holistic view is taken, the FIR should have
been against the authorities."

In the case, the Gujarat government had filed an FIR against Teesta
Setalvad alleging that the mass grave of the people killed in 2002 Gujarat
riots was dug up at her behest.

The entire case against Setalvad was based on a statement made by one man,
Rais Khan, who was working in her NGO, Committee for Justice and Peace
(CJP).

The court said the entire case against Teesta is malafide. "This is a
malafide case," the bench observed.

The mass grave digging case refers to an incident Dec 27, 2005, when six
people, led by Rais Khan Pathan, the then field co-ordinator of the CJP,
dug up 28 unclaimed bodies near the bed of the Panam river at Lunawada in
Panchmahal district of Gujarat.

Claiming that the bodies were of the missing victims of the Pandharwada
massacre and that they were their relatives, the grave-diggers had then
reburied the bodies according to Islamic rites after having conducted DNA
tests to identify them.

At the time, Pathan had said he had dug up the bodies at Setalvad's behest.

A total of 32 people -- all of them Muslim and residents of Pandharwada
town in Panchmahal district -- were reported to have been killed March 1,
2002, during statewide communal riots. However, bodies of 28 people were
not found.



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