Supreme Court grants one-week reprieve to activist Teesta Setalvad following Gujarat HC's "surrender" order
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New Delhi: Activist Teesta Setalvad, who was ordered to "surrender immediately" by Gujarat High Court in a case related to the Gujarat riots, received temporary relief from the Supreme Court. The decision announced late on Saturday at 10 pm came after a special hearing and subsequent referral to a larger bench.
Justices BR Gavai, AS Bopanna, and Dipankar Datta, who formed the three-judge bench, granted a one-week stay on the surrender order, stating that the high court should have allowed Setalvad time to challenge the decision. This reprieve comes as Setalvad has been on interim bail since September 2022.
She was facing the possibility of immediate arrest if the Supreme Court upheld the high court's fresh order.
Earlier on Saturday, the Gujarat High Court rejected Setalvad's regular bail plea and ordered her immediate surrender. The court accused her of attempting to disrupt a democratically elected government and tarnishing the reputation of current Prime Minister Narendra Modi, who was the Chief Minister at the time of the Gujarat riots in 2002. Justice Nirzar Desai, presiding over the case, expressed concerns about granting bail, highlighting the need to avoid sending a wrong signal of leniency in a democratic nation.
Setalvad was initially arrested in June 2022 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 falsely implicate innocent individuals in cases related to the 2002 Gujarat riots. Setalvad was granted interim bail by the Supreme Court on September 2, 2022.
The high court's judgement emphasised that Setalvad had exploited her close associates and riot victims to file false and fabricated affidavits before the Supreme Court, aiming to undermine the establishment. It raised concerns about the potential use of similar tactics in the future to destabilise the government or pose a threat to the nation or a specific state.
Additionally, the court remarked on Setalvad's role as a social leader, accusing her of assisting riot victims for personal and political gain. Setalvad, a Padma Shri recipient and former member of the Planning Commission, was also alleged to have prepared false affidavits and persuaded victims to file them before the Supreme Court and other forums.
The court also cautioned against leniency towards Setalvad, as it could potentially encourage others to engage in illegal activities, leading to polarisation. It expressed concerns about Setalvad's influence, stating that she could go to great lengths to pursue her agenda, including intimidating witnesses and tampering with evidence.
The case involving Setalvad, Sreekumar, and Bhatt stemmed from the verdict in the Zakia Jafri case on June 24. The Supreme Court dismissed the petition filed by Zakia Jafri, whose husband and former Congress MP Ehsan Jafri was killed during the riots.