The Supreme Court has granted absolute protection from arrest to civil rights activist Teesta Setalvad in connection with a case alleging misappropriation of funds intended for the construction of a “Museum of Resistance” at the Gulbarg Housing Society in Ahmedabad. This society was the site where over 60 individuals lost their lives during the 2002 communal riots.
A bench comprising Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Prashant Kumar Mishra observed that a significant amount of time had elapsed since the initiation of the case, and no chargesheet had been filed. The court further noted that Setalvad had already been granted bail in related matters, implying that there was little left to address in the current case.
Senior Advocate Kapil Sibal represented Setalvad, while Additional Solicitor General SV Raju appeared on behalf of the Gujarat government. The Supreme Court, in its 2015 judgment, had posed the question:
“Whether liberty on the one hand and fair and effective investigation on the other, make out a case for extending the benefit under Section 438 CrPC [anticipatory bail]?”
Setalvad and her husband, Javed Anand, had approached the apex court after the Gujarat High Court denied their anticipatory bail applications. The Supreme Court’s 2015 order, which referred the matter to a larger bench, had stayed Setalvad’s arrest. This stay has now been made permanent.
The allegations against the couple, who are also trustees of the NGO ‘Citizens for Justice and Peace’, revolve around purportedly embezzling funds raised for the victims of the 2002 Gujarat riots. An FIR was registered against them under various sections of the Indian Penal Code and the Information and Technology Act. The complaint, lodged by Firoz Khan Pathan, a resident of the Gulbarg Society, claimed that funds were raised domestically and internationally for the construction of a museum in memory of the riot victims. However, neither was the museum built, nor were the funds used to assist the society’s members.
In February 2015, the Gujarat High Court had rejected the couple’s anticipatory bail application. However, the Supreme Court had immediately stayed this decision. The interim protection against coercive action has been in place for seven years.
In related developments, the Supreme Court had previously granted bail to Setalvad concerning a police complaint that accused her of fabricating evidence related to the Gujarat riots conspiracy case.
This case underscores the delicate balance between individual liberties and the need for a thorough investigation, especially in matters of public interest.
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