Rais Khan Pathan has sought vacation of apex court's September 2, 2011 order by which probe against him and Setalvad was stayed for allegedly fabricating evidence in the Naroda Gam case in which 11 people were killed.
She had challenged the July 11, 2011 decision of the Gujarat High Court giving green signal for probe against them.
The High Court order was stayed by an apex court bench headed by Justice Aftab Alam.
Pathan, who worked as field coordinator with CJP before parting ways with Setalvad, submitted that if the probe was not allowed to progress, there was possibility of destruction of evidence related to the case. Undue influence, inducement and threat to witnesses cannot be ruled out, he said.
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In the application, he claimed that he has come forward to tell the truth and has voluntarily decided to join the investigation to unearth the larger conspiracy and hidden truth behind the present case.
He contended that there is "a reasonable likelihood of bias" in hearing the matter by him as he had delivered a lecture in London on 'Promoting Pluralism Knowledge Program' (PPKP) with which his daughter is associated.
Further he had said that his daughter is part of some NGOs working for the riot victims in Gujarat.