Introduction:

The Gujarat High Court recently expressed reluctance to dismiss a 2006 First Information Report (FIR) against activist Teesta Setalvad in the Pandarwada mass grave case. Justice Sandeep Bhatt, presiding over the matter, questioned the necessity of rekindling old cases and indicated a prima facie inclination against quashing the FIR.

Arguments of Both Sides:

Teesta Setalvad, in her plea, sought the quashing of the FIR, lodged in 2006, related to alleged involvement in exhuming bodies from a mass burial site after the post-Godhra violence. Her counsel, Advocate Kalpesh N Shastri, contended that the charges against Setalvad were politically motivated and lacked substance, asserting that no offence was established against her.

The State of Gujarat, representing the respondent side, upheld the charges listed in the FIR, asserting the seriousness of the allegations under various sections of the Indian Penal Code, including fabrication of false evidence, causing disappearance of evidence, criminal conspiracy, religious sentiments’ offence, abetment, and trespassing on burial grounds.

Court’s Judgement:

Justice Sandeep Bhatt displayed hesitation in quashing the FIR, questioning the necessity of revisiting old cases. Expressing a prima facie reluctance, the Court decided to adjourn the hearing until January 9 for further deliberation on the matter.