A day after the Supreme Court handed its verdict in the Zakia Jafri petition, keeping that the allegations of deliberate criminal conspiracy and say of no activity of the executive officials all around the 2002 Gujarat riots were in line with “false statements”, the Gujarat Police has now registered an FIR and detained activist Teesta Setalvad and retired IPS officer RB Sreekumar.
Outdated IPS officer Sanjiv Bhatt is currently in reformatory, serving a lifestyles sentence in a custodial dying case of 1990.
The Supreme courtroom in its verdict has rapped all three for falsifying proof, and observed that the proceedings were pursued for 16 years to “withhold the pot boiling, for ulterior invent. As a topic of truth, all these enthusiastic with such abuse of the activity, must be in the dock”.
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The bench had additionally effectively-known that a detailed investigation by the SIT had shown that the statements given by RB Sreekumar and Sanjiv Bhatt referring to the allegations of a deliberate resolution by then Chief Minister Narendra Modi to enable the riots to continue, and the actions of senior officials all around the riots were “false”. It additionally effectively-known that Sanjeev Bhatt and frail Gujarat Home Minister Haren Pandya, who made such claims, had no longer the truth is been tell in the assembly where the alleged choices had been made.
The FIR filed by the Gujarat ATS additionally alleges that false statements by “witnesses” had been drafted by Teesta Setalvad and filed sooner than the Nanavati commission station as a lot as investigate the riots.
The ATS has now filed an FIR underneath sections referring to to forgery, exhaust of solid paperwork, falsifying proof, and linked offences. Since RB Sreekumar and Sanjiv Bhatt were IPS officers at the time, the prices appropriate to public officials for falsifying proof appreciate additionally been added to the FIR.
IPC SECTIONS IN THE FIR
Fraction 468- Forgery for reason of cheating
Whoever commits forgery, intending that the doc or digital document solid will be extinct for the reason of cheating, will be punished with imprisonment of both description for a period of time which might possibly honest lengthen to seven years, and shall additionally be at risk of lovely.
Fraction 471- The utilization of as precise a solid doc or digital document
Whoever fraudulently or dishonestly makes exhaust of as precise any doc or digital document which he knows or has reason to take into consideration to be a solid doc or digital document, will be punished in the same contrivance as if he had solid such doc or digital document.
This form that the offence of fragment 471 will might possibly honest composed be read with the opposite prices of 468, and 194 for allegations of getting extinct false statements of witnesses in the proceedings sooner than the NHRC, Nanavati commission and in other police investigations referring to to the 2002 Gujarat riots.
Fraction 194- Giving or fabricating false proof with intent to derive conviction of capital offence
Whoever offers or fabricates false proof, intending thereby to station off, or incandescent it to be seemingly that he’s going to thereby station off, any particular person to be convicted of an offence which is capital by the law for the time being in force in India will be punished with imprisonment for lifestyles, or with rigorous imprisonment for a period of time which might possibly honest lengthen to 10 years, and shall additionally be at risk of lovely;
Fraction 211- Fraudulent impress of offence made with intent to atomize
Whoever, with intent to station off wound to any particular person, institutes or causes to be instituted any criminal continuing in opposition to that particular person, or falsely prices any particular person with having dedicated an offence, incandescent that there’s not this type of thing as a appropriate or correct ground for such continuing or impress in opposition to that particular person, will be punished with imprisonment of both description for a period of time which might possibly honest lengthen to 2 years, or with beautiful, or with each; 1 and if such criminal continuing be instituted on a false impress of an offence punishable with dying, [imprisonment for life], or imprisonment for seven years or upwards, will be punishable with imprisonment of both description for a period of time which might possibly honest lengthen to seven years, and shall additionally be at risk of lovely.