II

IN THE COURT OF METROPOLITAN COURT NO. ~

MAGISTRATE, AHMEDABAD

':2J)

GHEEKANTA,

CRIMINAL

CASE NO.

OF 2012

Raiskhan

l'\zizkhan

Pa t h a n

Aged~£years, occupation Residing - business,
at: A/28. i
..Aj

it Rcsidencv," .

Ajit Mill compound, Ahmedabad 380023

Rakhial,

Versus

Accused:

-

Ms. Teesta Aged adult, occupation-

Atul Setalvad

social

worker

Re s id in g cit: Nirant,

Juhu and

Tara Road, such other

Mumbai persons found to he

involved

in the offence

Complaint

u/s.

499,

500 and 501 of Indian

Penal

Code. 1860

May it please

your

honour,

2

I.

The with

complainant a Non

was

working

as field

Coordinator known as

Government and

Organisation Peace (hereafter the

Citizen
C,JF)

For Justice which is CJP at

ref'e rr ejl as as its

being has its

run

by

accused office the

secretary. and office

registered

at Mum b a i period of

Ahmedabad.
t

During

service The

the complainan was

was working in service

at Ahmedabad. CJP from

complainant

of the

28/02/2002 During the

till 18/01/2008. period was phone, of getting e-mails service with CclP the

complainant accused cOjntact spread over

instructions from day of Gujarat other to

from the day to

various in

victims/witnesses parts to of travel

riot and

cases the states the

various
.u se d

complainant also for meeting courts. entire

hands

with CJP to file ca se sin was overall CJP at in charge Ahmedabad the

The complainant operation of

of the and

on the instructions used to organize in

from press

accused

complainant victims, the and

conferences cities and

of riots

seminars witnesses II also paying

various

to .,,<tinvite the accused etc.

and riot victims them traveling

to meet expenses

on behalf

of CJP. 3. The complainant is a magazine submits printed and that and "Communal published Private by Combat" Sabrang of

Communication Shri Javed The accused

Publishing

Limited

Aanand, and

who is husband her husband are

of the accu sed. editors of this

..

3

magazine, "Subrang" headed 4. The

printed is another

and

published

at w.hich

Mumbai. is also

organization

by the accused. has studied can read, up to 9th and Standard speak in

complainant

only. The complainant Hindi very only. little The but

write

complainant speak

can't

..

understands or write

English in

or re-write

English 5. It is

language. stated salary Card that although th~ the C,]P, complainant but he was was \. given

getting Identity Combat"

from

of a press magazine

reporter edited qualified that too during story Combat nor

of "Communal by the accused. nor competent in an English of his story in to his the

a monthly

The complainant to work as a

is neither reporter complainant filed any

magazine. service published name.

The neither in The

6 years was any

Communal accused any wa.s

magazine given from This

has

never of CJP salary.

complainant complainant accused 6.

ID Card getting

whic]} the action of

itself shows dubious that accused local

style of her working. used mostly is stated to get funds by cash, that to the

It is stated

the complainant and the CJP,
It

from meet

the the

expenses.

payment but

to victims to the paid victim used

was not the priority witnesses ~ 50,000.00 was to take paid was or only her ~

of accused priority.
1,00,000.00

payment was the

A

witness whereas

\ 5,000.00. receipt

The

qomplainant

proper

from such

4

victims/witnesses made CJP. to them The

on plain

paper

for the

payments

by him on behalf used evehi:~herewith.

of accu sed and the voucher of few of

complainant after such

to prepare Copies

expenses vouchers 7.

such

are enclosed

The complainant to ensure

was therefore

genuinely

interested victims." his duty Accused prepared a cco u n ts and

that justice that

is f!wivento the riots was

8.

It is state

the complainant employee of the

doing

as

an

obedient to send
In

accused. fully

u sed

in str uc tron s the

and email

affidavits

raiskhanpathan(ii'yahoo.co.in obtaining e-mails, clearly above the third was the signatures generally defined. mentioned

of the

complainant

for

of witnesses/victims. allocation

In such and

of work was made

Password

of the complainant accounts of the

for the to

two e-mail Password

was known complainant's

accu sed e-mail not same given

also.

accountraiskhanpathan30aZ).yahoo.in to the solely password complainant used of by by accused her. The and

was the

accused e-ma.il

obtained accounts press from

complainant's that media was the

from him on the pretext etc. directly The to the accused to instruct

she can send in his acting complainant name with to to fix dated the

notes

Mumbai.

vengeance
I

and used

collect

evidence

from "wherever"

or to "create" e-mail

the accused
8th

persons. 2004 sent

Copy of one such by the

May

accu se dve to

5

complainant complainant confidential clearly case sworn
9. II

is was

enclosed assigned At point that

herewith various

in

whifh

the and has

important accused

works.

no. 4, the

mentioned (Teesta

"4. Affidavits draft & Raisbhai

in P. C. Pandey to get them

to send

in Ahmedabad that

& send

to Teesta)".

~~
the

It is stated

on the instructions to visit relief

of accused, and

complainant about

used

camps

enquire persons that

the names

and addresses

of accused

from the victims. mob of hundreds them People and

Most of the victims and thousands destroyed

informed

of people their

attacked houses.

ran-sacked/ running these

were just

for the cover

to save their

life and actually to recognize failed attacked on their fix them. to

victims

were not in a position of the riot victims persons who based to

anybody. definite

When most names

give them, enmity

of the

they were asked with the persons case

to give names in their names

..

locality

Accordingly,

wise

of accuses and finalized sent to the on

and witne sse s were generally in the accused behalf 10. relief in of these that camps Mumbai and the

prepared same preparing were

fo~

affidavits

victims/witnesses. the complainant was removed from

It is stated the services any notice, complainant's not in the

by the accused reason of which

on 18/01/2008 was probably acts

without due to the

refusal interest

to do certairi of the communal

which

were and

harmony

complainant's

visit to Mu m b ai office of the Accused

during people accused.

first week of January' from After the the

2008 where sitting was those ~'*

he saw few with when from the the the

underworld meeting about

over people

complainant accused, him went

enquired

she objected to your to

to his questioning work". When on the

& directed complainant and of

"stick back

Ahmedabad he observed changed

11/01/2008 the behavior

resumed the the the been office

his duty, staff

that which

was

he r ep nr te d to informed service given was The has

accused.

The accused

all. 18/01/2008 that his was

complainant terminated. nor

on telephone No prior the

notice

to the

complainant ab ou t any

complainant against the the him.

informed accused from ehis

complaint after also

immediately the mails service

removing changed

complainant

passwords office

of his

accounts

and

locke d the

in which

personal
11.

computer

and belongings the

were kept. utterances the website for on

This made

complaint by the

is against accused

following
lll.

appearing web page came

"peopleswatch.org" Justice and Peace, is

on the which

of Citizen

to be circulated

the Internet: "Rais Khan

being

used the our

to

discredit

those case. We (J!.ais

witnesses had Khan him

supporting severed

prosecution ties 2008 with since

officially Pathanj responsible

him

in January for deviant

we found actually a person

behaviour, and also

harassing

victim

survivors

-----~-~-------------------------------------------------------------------------------7

who

had

developed

close

ties

with

the

Vishwa

Hindu Parishad." 12. The accused has also made following utterances
at

page no. C of SYNOPSIS AND LIST OF DATES in the Special 2011
I

Leave in

Petition the

(Criminal) complainant

No. 6754-6756 is named

of as

which No.3.

Respondent "That started

sometime receiving

in

late

2007 that

the

petitioners was was

complaints with them found from

Mr. Khan and

not behaving in fact them. receiving

properly

the victims and even out some

mistreating
It

threatening he was

was

also

that active

patronage

~~

members in

of VHP and also sante of the powerful II
13.

accused

the carnage The same g on petition 14. The page

cases." has been repeated at point special no. leave

statement no. 52

of the

aforesaid

which

got wide publicity has also similar the come

in the media. to know that the

complainant has

accused the

made

utterances organizations in various edited

implicating like issues VHP
of the

complainant articles

with

through magazine in the releases. 15. The

published

"Communal

Combat"

by her as also other press

website

"peopleswatch.org"

and

..
accused in June, 2011 Magazine page no. 7 e d i tion also against
of

"Communalism following complainant: remarks -

Combat" at

made the

.8

"Ahmedabad employee organization irregularities witnesses

,

based

Rais was

Khan, asked 2008 to after and

a

former the

of CJP who in

leave

January were

financial survivor against

..

suspected by

supported

CJP complaint

his questionable 16. The doing complainant his duty

conduct;' with full honesty and sincerity The
in

as a field coordinator denies that

of CJP.

complainant
II
-~
\

strongly of financial

he was involved as claimed

any

kind

irregularities of which

by

the accused the editors. any warning

in the magazine The accused and/or calling has show upon

she is one of issued to the to by

not even once cause the notice

complainant explain her. 17. The aforesaid reputation members The of about

complainant noticed

the financial

irregularities

statements the

and utterances and of their family

lower the his family

complainant the members and his ..

amongst

community. are

complainant and facing community.

members

outcast of their enormous

social boycott

from the members has suffered '!t.nd

The complainant agony

loss and mental

by utterance

publication
18.

of such imp1hation. of for accused deviant survivors close that

The found

statements/averments him responsible

"we

behaviour, and ties
also a

actually person Vishwa

harassing who had

victim developed

with

the

Hindu

Parishad"

and "It was

also found

9

out:

that

he was members accused false

receiving of

patronage also

from some

some oj the are the

active powerful totally intension body.

VIlP and in
.tR'e

carnage are cast

cases" with

statements a taint

and and

made

to throw

a slur

on the The of his like the in the The outcast of their suffered and

mind

and reputation is a devout any not patronage arise. Due

of the complainant. Muslim from and question

complainant receiving VHP does

or ga n iz a.t.ion s statements

to these

complainant eyes of

and his family has been lowered members and his of the community. are

complainant and facing community. enormous publication of

family

members

social boycott The loss and

from the members has

complainant mental agony

by utterance Even the has told

of such

imputation. is a

landlord started to the

c om p lai n an t , who with the

Muslim, and

misbehaving complainant is working

com.plainant the house

to vacate against

as the complainant of the community.

~,

the interest

19.

The accused statement the

has thus

made

a false

and defamatory in the name "RaisKhan of is

in te r a li a imp utirig directly by to the in late stating discredit prosecution 2007 the that with the that

complainant used

being

those case" petitioners Mr. Khan

witnesses and "That started was was not in

Jupporting sometime receiving behaving

complaints properly

victims

and

10

fact totally

mistreating false and

them." are made a taint

These

statements

are with

rn te nt io n al ly and and cast a slur

knowledge

to throw

on the

body, mind and reputation 20. The proof II against and non accused has uttered

of the complainant. such words her without any

or documents

to substantiate

allegations averment and

the complam.ant. made There

The allegations,

aspersions existent.

by the accused exists no proof in

are false or truth special

in the

averments petition Website releases. averments allegations. 21. The above herein that stated/

/ statements and in

made

Magazine

"Communal and various
rn a d e

Combat", other press

"peopleswatch.org" The accused has

such

defamatory of the

without

weighing

the

seriousness

said allegations are false

captioned

in paragraphs knew accused well has

above, the

anc! the accused and yet the such

..

same' are' false and

spoken

published

imputation to harm accused the has such knowing publication to the

concerning reputation stated/

the complainant of the

with intent The

comp'ainant. and the

spoken/

uttered

published complainant that

imputation well and of such

concerning. having reason

to believe will cause

imputations and

harm

forthrightness among

reputation

of the

complainant has thereby commission

the public acts

at large. of

The accused and

committed

omission

11

tantamount II
22.

to

"defamation"

as

defined

under

section

499 and 500 of IPC. issued Post A.D. a notice calling dated upon 05/04/2012 to

The complainant by Registered forthwith withdraw through and said said

the accused and

tender such the

a public
statements media

apology

publicly thereof m wr
it i n g

by publication in a statement

same

I or in person within 48 hours
notice. notice The accused though has

of receipt

of the to the on

not responded to the

served

accused

09/04/2012.
23.

The

statements

and by the

utterances accused have

made been print

against

the

complainant
p ub lic ity

given wide and and media lo c al The

by the

accused

through

and

are accessible through

to the public
Ii

at large

public

the

website

and

magazine.

statements

and utterances to defame

are made. by the accused the mind, body and repute resides court. to try within This and

with intention

of the complainant. the court local has limit

The complainant

of jurisdiction

of this

therefore this complaint.

jurisdiction

adjudicate 24.

The complainant such other

shall rely

upon

the

following

and

documents

as may be required

from time

to time: i)

Copies

of

3

identity

cards Reporter

issued

to

complainant Combat

as a Press valid

of Communal 2008

Magazine

up to December'

12

duly Editor
ii)

signed

.an d issued

by

the

accused

as

and Authorized

Signatory. by the c orn p la m an t for payment made

Copy of vouchers towards expenses

prepared incurred

to witnesses/victims. iii) E-mail dated 08/05/200'1 sent bv the accused

to the complainant. IV) Copy website
v)

of

a

webpage

uploaded/found

on

the

of "peopleswatch.org". of memo (Criminal) of petition of Special Leave

Copy Petition

No. 6754-6756

of 2011 filed

by the accused Court.
II

before

the h on ou r ab le Supreme

vi)

Copy

of page

no-7

of June,

20 lI

edition

of

"Communalism
vii)

Combat"

magazine. sent with

Copy

or

n o t i c e d a t ed 05/04/2011 to the post accused along

u.,
a copy dated

complainant of registered

acknowledgment

09/04/2012. 25. The such complainant other Azizkhan Pathan-Complainant shall reply upon following time and

witnesses

as may be from

to time

require: i)

Raiskhan

..

.

26.

The

complainant Court

most

respectfully to: • against
I

prays

to

the

learned
I.

to be pleased process

issue other 499,

appropriate persons 500,

accused

and

such U Is.

found 501 and

to be involved 502 of IPC

for offences and be

further

----.,

\

13.

pleased

to charge,

try,

adjudicate

and

punish

the

ii.

pass

any other

and further

orders

as

t h ou g h t

fit in

the interest Place: Ahmedabad Date: 19/06/2012

of justice;

___c:) ~
~~-~---~------------Complainant

II

-~

,

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