“Not Inclined”: Gujarat High Court No Relief to Setalvad in Grave Digging Case

Teesta Setalvad, a notable activist, faces allegations of unlawfully exhuming bodies of the 2002 Gujarat riots victims, purportedly to create a media sensation.

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The Gujarat High Court on monday 1st January, 2024 order has shown reservations in the case involving Teesta Setalvad, who is accused of exhuming bodies from a mass grave related to the 2002 Gujarat riots. This case has drawn significant attention due to its sensitive and controversial nature.

The Gujarat High Court has said it is “not inclined” to grant her relief in a mass grave digging case linked to the 2002 riots in the state. The judge also orally remarked:

“Why are such dead horses required to be pulled?”

Hearing the petition on Monday, Justice Sandeep Bhatt orally remarked that he is not inclined to grant relief to Ms Setalvad. “After going through the record, I am not inclined, prima facie,” he said.

The court was considering a plea submitted by Ms. Setalvad, in which she requested the revocation of the First Information Report (FIR) that implicated her in the excavation and removal of 28 bodies from a mass grave near Pandarwada village in Gujarat in 2005, following the post-Godhra riots.

The activist’s lawyer responded, “The FIR has nothing. No offence is made out. It is just political victimisation.” 

To this, the judge said, “This is a broad word used nowadays.

A case of destroying evidence and outraging religious feelings had been filed after the bodies were exhumed and the people named included Rais Khan, who was associated with Ms Setalvad’s NGO, Citizens for Justice and Peace. 

Background of the Case

Teesta Setalvad, a notable activist, faces allegations of unlawfully exhuming bodies of the 2002 Gujarat riots victims, purportedly to create a media sensation. The case gained a new dimension when her associate, Rehman Khan, alleged that it was Setalvad who instructed that the graves should be dug up and the bodies exhumed.

The Court eventually adjourned the matter and posted it for further hearing on January 9.

Her name cropped in the case after her associate, Rehman Khan parted ways and alleged that it was Setalvad who ordered that the graves should be dug and the bodies exhumed.

Additional Allegations and FIR

Setalvad is also embroiled in allegations of fabricating evidence in the 2002 Gujarat riots case to implicate the then Gujarat Chief Minister, now Prime Minister, Narendra Modi. These allegations have added complexity to her legal battles. In the FIR lodged against Setalvad, the police have cited the mass grave digging case to demonstrate her alleged criminal antecedents.

Conclusion

The Gujarat High Court’s approach in Teesta Setalvad’s case underscores the challenges in adjudicating matters intertwined with significant historical events like the Gujarat riots. The court’s reservations highlight the importance of a careful and balanced judicial process in such sensitive cases. As the proceedings unfold, the outcome of this case will be pivotal, given its potential implications for the narrative surrounding the 2002 Gujarat riots and broader human rights concerns in India.

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