2002 Riots Case: SC Quashes Gujarat HC Order, Grants Bail to Teesta Setalvad

New Delhi: The Supreme Court on Wednesday granted regular bail to activist Teesta Setalvad in a case of alleged fabrication of evidence to frame innocent people in the 2002 post-Godhra riots cases.

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.

In its observations, the apex court noted that the chargesheet had been filed against Setalvad and that her custodial interrogation was not necessary. The bench, however, directed Setalvad not to influence witnesses in the ongoing case. It also granted the Gujarat police the liberty to directly move the top court if an attempt is made to influence witnesses in the case.

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

During the hearing, Justice Gavai questioned the motives and timing of Setalvad's arrest: "What were you doing till 2022? What investigation have you done between June 24 and June 25 that you decided she has done something so heinous as to warrant her arrest?"

Justice Gavai pointed out that if the authorities' contentions were to be accepted, the Definition of Evidence Act will be rendered moot. "The Definition of Evidence Act will have to be thrown in the dustbin if your contention has to be accepted. We're only putting you on guard that if you delve more into it, we will have to make observations..." the top court told the prosecutor.

Echoing the sentiment, Justice Datta criticised the notion of holding someone in custody until a verdict is pronounced. "Initially, we were feeling that there was a case under (Section) 194. Now we think the case under Section 194 is suspect. And you want someone to be under trial and in custody, till the verdict is pronounced," he said.

Setalvad was taken into custody on June 25 last year along with former Gujarat DGP 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.
An Ahmedabad sessions court had on July 30, last year, rejected the bail applications of Setalvad and Sreekumar, saying their release will send a message to wrongdoers that a person can level allegations with impunity and get away with it.

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 for interim bail after the high court refused to consider her plea. On September 2, last year, the apex court 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.