However, Gujarat government said that the charge sheet in the case has already been filed and the offence is made out.
"The offence is made out," senior advocate Ravi Shankar Prasad told a bench comprising justices Aftab Alam and Ranjana Prakash Desai.
Prasad gave the response when the bench said, "you must have read the FIR in the case and the FIR itself was a violation of human rights. We are thoroughly dissatisfied in the manner the FIR was lodged and the allegations contained in the FIR. The FIR is in violation of human rights," the bench observed.
The bench was hearing a petition by Setalvad against the May 27 last year order of the Gujarat High Court, which had refused to quash the FIR registered against her at a police station in Panchmahal district of the state on exhumation of the bodies from a graveyard near River Panam.
Gujarat government submitted that initially Setalvad was not an accused in the case but during the investigation, her alleged role was found and there are independent witnesses to support the allegations against her.
The court agreed to hear the case but said, "it is a malafide case. Today we ask you (state) to stop further investigation in the case," the bench said.
At this point, Prasad said that the charge sheet has been filed in the case and investigation was carried when she was not an accused.
However, the bench said, "Whatever position stands today shall remain" and posted the matter for July 18.