Post-Godhra Riots: SC Grants Bail To Activist Teesta Setalvad

The Supreme Court on Wednesday granted regular bail to activist Teesta Setalvad in a case linked to the 2002 post-Godhra riots cases. Teesta Setalvad was arrested for allegedly fabricating the evidence to “frame innocent people" in the post-Godhra riots cases.

During the hearing, the Supreme Court bench said a charge sheet has been filed in the case against Teesta Setalvad, adding that her custodial interrogation is not necessary.

A three-judge bench of Justices B R Gavai, A S Bopanna and Dipankar Datta set aside the order of the Gujarat High Court rejecting her plea for regular bail.

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

The bench additionally provided the Gujarat Police with the freedom to approach the highest court directly in case any effort is made to tamper with witnesses involved in the case.

Teesta Setalvad was taken into custody on June 25 last year along with former Gujarat Director General of Police RB 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 July 30, 2022, the bail applications of Setalvad and Sreekumar were dismissed by an Ahmedabad sessions court. The court's decision was based on the premise that granting their release would convey a message to wrongdoers that making baseless allegations carries no consequences and allows them to escape accountability, as per a report in Livemint.

The High Court had on August 3, 2022, issued a notice to the state government on the bail plea of Setalvad and fixed the matter for hearing on September 19. Meanwhile, she moved the Supreme Court (SC) for interim bail after the High Court refused to consider her plea.

The apex court, on September 2 last year, granted her interim bail and asked her to surrender her passport with the trial court till the time the Gujarat High Court decided her regular bail plea.

Gujarat Riots Case

Teesta Setalvad is accused of being involved in a larger conspiracy surrounding the 2002 Gujarat riots and allegedly attempting to implicate Prime Minister Narendra Modi and others in the riots. The prosecution claimed that she received ₹30 lakh from late Congress leader Ahmed Patel with the aim of implicating the Gujarat government led by Modi in the post-Godhra riot cases.

Setalvad, along with two others, was arrested on June 25 for fabricating evidence to frame innocent people in the riot cases. This arrest came after the Supreme Court gave a clean chit to Modi and others in the case. An FIR was filed against Setalvad, former Gujarat Director General of Police RB Sreekumar, and ex-IPS officer Sanjiv Bhatt after the apex court dismissed a plea filed by Zakia Jafri, widow of former Congress MP Ehsan Jafri, who had challenged the clean chit given by the Special Investigation Team (SIT) to Modi and others.

The 2002 Gujarat riots were triggered by the torching of a coach of Sabarmati Express by a mob near Godhra station on February 27 that year. Fifty-nine passengers, mostly Hindu Karsevaks returning from Ayodhya, were charred to death in the incident.

Teesta Setalvad is a well-known activist and journalist who was awarded the Padma Shri, one of the highest civilian awards in India, by the Congress-led United Progressive Alliance government in 2007.

Setalvad emerged as a prominent advocate for the victims of the Gujarat riots, actively voicing their concerns and fighting for justice. Her efforts led to a significant development in 2007 when she successfully pushed the Supreme Court to initiate a fresh investigation into the post-Godhra violence six years after the tragic events occurred. During this period, Setalvad faced several allegations in relation to her involvement in the Gujarat riots.

One notable case was initiated by Zakia Jafri, who, with the support of Citizens for Justice and Peace, lodged a criminal complaint against high-ranking politicians and police officials, including Narendra Modi. This complaint focused on criminal and administrative culpability. It is important to note that this case is separate from the Gulberg trial, which pertains to the killing of Ehsan Jafri and 68 others during the riots.

Teesta Setalvad also made headlines by seeking the registration of a First Information Report (FIR) against Prime Minister Narendra Modi, alleging his involvement in the Gujarat riots.

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