The Gujarat government has moved the High Court seeking cancellation of the pre-arrest bail to social activist Teesta Setalvad for alleged fabrication of evidence related to a 2002 post-Godhra riots case.
The Supreme Court had on December 6 dismissed Setalvad's appeal challenging the Gujarat High Court's decision upholding a magistrate's order for a probe against her former close aide, Rais Khan Pathan.
On February 16, Justice J B Pardiwala of the HC issued a notice to Setalvad, posting the hearing to March 7. "Since the proceedings have been concluded by the Supreme Court, the matter is now ripe for hearing," Justice Pardiwala said in the order.
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Pathan had told a special court in 2010 that Setalvad made victims of Naroda Gam riots of 2002 sign false affidavits. Following his claim, the special court ordered that an FIR be registered against Pathan at a magistrate's court.
A complaint was registered against Pathan and others in the Ahmedabad metropolitan magistrate's court, which directed police to investigate it and submit a report.
Setalvad, who has been championing the cause of the 2002 Gujarat riot victims, challenged the magistrate's order before the high court.
The high court had in July 2011 declined to interfere in the probe. Fearing arrest, Setalvad filed an anticipatory bail application in the sessions court, which granted the plea.
The state government filed an appeal against the anticipatory bail granted to her in the HC.
In the meantime, Setalvad and her NGO Citizen for Justice and Peace (CJP) challenged the high court's decision upholding the magistrate's order of a probe against Pathan and others in the Supreme Court.
The HC deferred the hearing on the state's challenge against her pre-arrest bail till the "final outcome of the Supreme Court proceedings (in Pathan's case)".
With the SC rejecting Setalvad's appeal, the state government has now sought cancellation of her pre-arrest bail.
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