Gujarat High Court Dismisses Teesta Setalvad's Bail Plea in 2002 Riots Fabricating Evidence Case

The Gujarat High Court has on July 1, 2023 dismissed a plea for regular bail filed by activist Teesta Setalvad on Saturday and directed her to surrender immediately in a case of fabricating evidence and tutoring witnesses in 2002 riots cases. 

A bench of Justice Nirzar Desai also rejected her plea to stay the order to enable her to approach the Supreme Court.

In its order, the High Court noted that prima facie there is evidence that she influenced, threatened, gave false promises to the riot victims, and filed false affidavits before various forums, including Supreme Court, in an attempt to unsettle a democratically elected government to disrepute the image of then Chief Minister (Narendra Modi) and to see that he goes to jail.

The bench said her bail application was required to be dismissed to a person who allegedly acted at the behest of a political party. It further said tomorrow, a situation may raise that some outside force may utilise and convince a person to make efforts in a similar line causing danger to nation or particular state by adopting the same modalities.

The bench, in its 127-page order, noted that Setalvad is an influential person who is closely associated with political leaders of Gujarat, Maharashtra and also has root at Delhi and has contacts with people from all fields and fraternity.

If any leniency is shown to the applicant and (she) is enlarged on bail, there are ample chances that she may temper with the witnesses as she is a very influential person," the bench said.

Prima facie, this court is of the view that today if the applicant like this is enlarged on bail, that will deepen and widen the communal polarisation as prima facie this court is of the view that on one hand when we are heading towards the progress of the country with an effort to strengthen the communal harmony and brotherhood which would create an atmosphere which can accelerate and develop the progress of the country," the bench further said.

Setalvad was arrested on June 25, 2022 along with former director general of police R B Sreekumar a day after Ahmedabad Crime Branch filed an FIR based on adverse remarks made by the Supreme Court in the case of Zakia Jafri for allegedly fabricating evidence. 

The top court had then dismissed Jafri's plea against clean chit by the court appointed Special Investigation Team (SIT) to then Chief Minister Narendra Modi and over 60 others including ministers, bureaucrats in the riots.

She was granted interim bail by the apex court on September 2, 2022.