Supreme Court grants bail to activist Teesta Setalvad in case of alleged fabrication of evidence in 2002 Gujarat riots

The Supreme Court (SC) on Wednesday granted bail to Teesta Setalvad in connection of case related to the 2002 Gujarat riots. The apex court quashed the Gujarat high court order denying her bail. 

Quashing the Gujarat High Court's order that had denied bail to the activist, the court said the findings made in the order were "perverse".

However, the top court ordered that Setalvad shall not make any attempt to influence the witnesses in the case and keep away from  from the witnesses who are mostly in Gujarat. 

The Gujarat Police had lodged an FIR against Teesta Setalvad allegedly fabricating documents in the 2002 Gujarat riots case.

A three-judge bench of Justices B R Gavai, A S Bopanna and Dipankar Datta further directed that during her bail, Setalvad's passport will remain deposited with the trial court. 

"The passport of the appellant already surrendered will be in the custody of session court. The appellant shall not make any attempt to influence witnesses and shall stay away from them," the bench said.

In the event, she is found to violate this condition, the court allowed the Gujarat police to seek cancellation of bail by approaching the top court.

The bench noted that Setalvad's custodial interrogation is not necessary, adding that a chargesheet has been filed in the case against her.

Setalvad was taken into custody on June 25, 2022, along with former Gujarat Director General of Police R B Sreekumar and ex-IPS officer Sanjiv Bhatt in a case registered by the Ahmedabad crime branch police for allegedly fabricating evidence to frame innocent people in the post-Godhra riots cases.

On September 2, 2022, the apex court had granted Setalvad interim bail on the ground that "she is a lady and the case pertained to 2002" where most evidence is documentary.

On Wednesday, the Supreme Court found these conditions to be relevant and hence the court directed her to continue to remain out on bail.

On July 30, 2022, an Ahmedabad sessions court rejected the bail pleas of Setalvad and Sreekumar, stating their release will send a message to wrongdoers that a person can level allegations with impunity and get away with it.

On August 3, 2022, the Gujarat high court issued a notice to the state government on the bail plea of Setalvad and fixed the matter for hearing on September 19. She later moved the apex court for interim bail after the high court refused to consider her plea.