On Bail For Activist Teesta Setalvad, 2 Supreme Court Judges Differ

New Delhi:

Activist Teesta Setalvad, asked to “surrender immediately” by a high court in a case linked to the Gujarat riots, will have to wait for the decision of a three-judge Supreme Court bench after two judges of the top court differed on the ruling on Saturday.

Ms Setalvad’s case has been sent for immediate review to the Chief Justice of India (CJI) for the formation of a three-judge bench following the differences between the two judges on granting her temporary protection. The activist has been on interim bail since September, but faces immediate arrest if the Supreme Court does not hear her plea.

Earlier on Saturday, the Gujarat High Court rejected Ms Setalvad’s regular bail plea and ordered her immediate surrender. The court accused Ms Setalvad of attempting to disrupt a democratically elected government and maligning the reputation of the then-chief minister and current Prime Minister, Narendra Modi. Justice Nirzar Desai, presiding over the case, expressed concerns that granting bail would send a false signal of leniency in a democratic country.

Ms Setalvad was initially arrested in June of last year along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt. The three were charged with fabricating evidence to implicate innocent people in cases linked to the 2002 Gujarat riots. The Supreme Court granted Ms Setalvad interim bail on September 2, 2022.

The high court judgement found Ms Setalvad had used her close associates and riot victims to file false and fabricated affidavits before the Supreme Court to undermine the establishment. The court expressed concern that similar tactics could be used in the future to destabilise a government or create danger to the nation or a particular state.

The court also commented on Ms Setalvad’s role as a social leader, saying she helped riot victims with the intention of personal and political gain. Ms Setalvad, a Padma Shri recipient and former member of the Planning Commission, was also accused of preparing false affidavits and convincing victims to file them before the Supreme Court and other forums.

The court further stated that any leniency shown to Ms Setalvad could encourage others to act illegally, potentially leading to polarization. The court also expressed concerns about Ms Setalvad’s influence, stating that she could go to any length to achieve her agenda, including intimidating witnesses and tampering with evidence.

The case against Ms Setalvad, Mr Sreekumar, and Mr Bhatt was registered following the June 24 verdict in the Zakia Jafri case. The Supreme Court dismissed the petition filed by Ms Jafri, whose husband and former Congress MP Ehsan Jafri was killed during the riots. The court noted an effort by disgruntled officials and others to create a sensation by making false revelations.

The 2002 Gujarat riots were triggered by a mob setting fire to a coach of the Sabarmati Express near Godhra station, resulting in the deaths of 59 Hindu pilgrims. At least 1,000 people, mostly Muslims, were killed across Gujarat in the violence that followed.