The judge, who delivered the order on Friday, also rejected plea of Rais Khan to make him witness as he has knowledge how Teesta Setalvad had tampered with statements given by the riot victims and kin.
SH Vora, a designated judge to run trial of the Naroda Gam case, has ordered a complaint be filed against Rais Khan and others for preparing and filing fabricated statements in the case.
The judge, who delivered the order on Friday, also rejected plea of Rais Khan to make him witness as he has knowledge how Teesta Setalvad had tampered with statements given by the riot victims and kin.
Khan who used to work with Teesta's organization Citizens for Justice and Peace (CJP) and was removed from the job in 2008, filed an application requesting judge to take his testimony in the Naroda Gam case as he knows the truth behind alleged fabrication of statements and evidences by Teesta.
Special judge Vora accepted the argument of Ajay Choksi, special public prosecutor of the case that, Khan is not connected with the case either as witness or as an accused. If his testimony would be allowed, he would likely upset the proceedings in the case.
By rejecting application of Khan, the judge observed, that "The applicant is involved in fabricating false evidence with intention to attract capital punishment, or imprisonment for life or for seven years upwards to the accused in the case."
The court further noted, "The applicant and other persons have made an attempt through affidavits as true declaration knowing fully well that the same are false."
The judge also ordered the registrar of the city civil court to initiate proceedings against Khan and other persons under various sections. However, the court rejected his plea and ordered the registrar to initiate proceedings against him under various sections of Indian Penal Code.
The court also ordered him to furnish a bond of Rs 5,000 to confirm his presence in the case. Earlier, Ajay Choksi argued before the court that Khan was removed from CJP in January 2008 and he requested to record his statement after a gap of two years.
He further said that he has no information regarding either accused or witnesses of the case and had no fruitful material which could be of help in the case. In fact, Khan will be prosecuted as he confessed to some illegal act in his own affidavit
before the court and SIT.
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