Today, On 20th August, The Supreme Court granted Teesta Setalvad permission to travel abroad, provided she submits a Rs. 10 lakh surety. Setalvad is currently out on bail in a case alleging a conspiracy to defame the State of Gujarat and former Chief Minister Narendra Modi regarding their response to the Gujarat riots.
New Delhi: The Supreme Court, On Tuesday, granted activist Teesta Setalvad permission to travel abroad for a conference, provided she furnishes a solvent surety of Rs.10 lakh. The court also instructed her to submit an undertaking detailing her travel plans and required her to return her passport once the conference concludes.
Setalvad, who currently out on bail in connection with a criminal case alleging a conspiracy to defame the State of Gujarat and then-Chief Minister Narendra Modi over their handling of the 2002 Gujarat riots, had previously surrendered her passport as part of her bail conditions. The Supreme Court granted her bail in July 2023, overturning a Gujarat High Court decision that had denied it.
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During the hearing, Setalvad’s counsel requested a temporary relaxation of the bail condition concerning her passport, allowing her to attend an anti-racism conference in Kuala Lumpur, Malaysia, from August 31 to September 10. The request presented before the Bench of Justices BR Gavai and KV Viswanathan.
Senior Advocate Kapil Sibal, representing Teesta Setalvad, requested a relaxation of the condition requiring her to surrender her passport, stating,
“I am seeking relaxation of the condition that I have to surrender my passport. It is a respected organization.”
In response, Solicitor General Tushar Mehta suggested imposing conditions to ensure Setalvad’s return to India, expressing concern by saying,
“Let them provide details for the conference and the real purpose of the visit as well. Lordships may add conditions to ensure her return to face pending trials… We have serious apprehension. Zakir Naik, a terror accused and fugitive from Indian law, stays there, milord.”
The Supreme Court granted Teesta Setalvad permission to travel abroad for a conference, provided she furnishes a solvent surety of Rs. 10 lakh and returns her passport upon the conference’s conclusion.
Initially, the Court considered setting the surety at around Rs. 25,000. However, Solicitor General Tushar Mehta objected, arguing that Rs. 25,000 would be insufficient, stating it would be “nothing for her.” In response, Senior Advocate Kapil Sibal noted that Setalvad’s accounts were frozen. Despite this, the Court decided to increase the surety amount to Rs.10 lakh to address the Solicitor General’s concerns.
Setalvad’s legal troubles began when she was arrested on June 25, 2022, following remarks made by the Supreme Court during the dismissal of a plea by Zakia Jafri, widow of slain Congress MP Ehsan Jafri, related to the 2002 Gujarat riots. The Supreme Court, while rejecting the plea, criticized Setalvad and former Director General of Police RB Sreekumar, referring to them as “disgruntled” individuals who allegedly conspired to create a false narrative about the riots.
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Following these remarks, the Gujarat Anti-Terrorism Squad arrested Setalvad in Mumbai, accusing her of fabricating documents and coaching witnesses to implicate senior officials of the Gujarat government, including then-Chief Minister Narendra Modi, in the riots.
Setalvad granted interim bail by the Supreme Court in September 2022, but her request for regular bail was later denied by both a trial court and the Gujarat High Court. On July 1, 2023, the High Court not only denied her bail but also ordered her immediate arrest. This order stayed by the Supreme Court on the same day, and on July 19, 2023, the Supreme Court ultimately granted Setalvad regular bail.